I am required to pay for services provided but not authorized?
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I am required to pay for services provided but not authorized?
About 5 months ago I asked a landscape company for a quote to trim our back hillside. I declined the job due to price but was asked if I wanted to be on a callback list. I said OK. They called once and again I declined the work. About a month later I came home and found a bill. When I went to the backyard I saw that they cut the hillside. I never gave them permission or requested for the work to be done. I had a lock on the gate and my dogs in the yard. As far as I’m concerned they were trespassing. Now they want payment or will send us to collections. Where do I stand with this?
Asked on April 25, 2012 under Bankruptcy Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
In order for there to be a valid contract, an offer and an acceptance are required. There wasn't any contract because you never authorized the work. Therefore, you don't owe the company anything and have a defense to enforcement of any contract they claim existed. You also have a defense to formation of a contract because there wasn't any valid acceptance.
You could also sue the company for trespass. Trespass is the volitional entry on the land of another without consent or legal privilege.
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