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Registered
Join Date: Aug 2007
Posts: 105
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What would YOU do...........
I know I know didn't get a written quote from the beginning..........
Asked a local survey company to verify and confirm my property line and also a restrictive covenant line, they quoted $330.0 received the bill and they want $1100.0 and now tell me they never recall the $330.0..........feeling ripped off, what would you do, I'm leaning toward letting them take me to small claims court, however I know it will turn into a " I said.....You said case, what would a judge do in such a case? |
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Registered
Join Date: Oct 2003
Location: Mount Pleasant, South Carolina
Posts: 14,144
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Get quotes from other surveyors to compare. Shiw them and ask why its so high.
BTW. Is there a breakdown on the invoice of services rendered? |
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<insert witty title here>
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I'd first ask them to explain the difference. If they stonewall you, have a friend call and ask for a similar quote, see what they quote him. If it's similar to the $330, I'd write them a cheque for $330 and just see what happens. I doubt they'd pursue it.
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Join Date: Aug 2007
Posts: 105
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Yep have a breakdown, bottom line is that they resurveyed the entire property with elevations and all, but 75% more than what I asked them to do.
It appears like the office mis-communicated with the field personnel what the job request was and they did more than what was wanted or quoted, now they want me to pay for their office- field communication breakdown. |
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Registered
Join Date: Jan 2002
Location: Long Beach CA, the sewer by the sea.
Posts: 37,670
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They might have assumed there were markers and monuments there that weren't. But that should be their problem. Trying to talk through these things is always a good idea before going to court.
In the end, if they treat you well, fine. If not, write and post wherever you can. BBB, Angies List, Yelp, everywhere. You will cost them a lot of business. First thing I do when considering a service is to use a search engine. And get written quotes for cryin' out loud. |
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Join Date: Aug 2007
Posts: 105
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Yes Zeke I should of insisted on a written quote but now that is hindsight, just
wondering if anyone has any past experiences of such and how a court of law handled it? Thks |
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Can't believe nobody has run into a similar situation whereas an invoice received has been 3 or 4 times the original amount quoted.
Am I the only sucker out here, Come on you attorneys do I have a fair beef to let it go to small claims court or will a judge just say sorry you should of had it it writing? |
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Senior Member
Join Date: Feb 2000
Location: Lacey, WA. USA
Posts: 25,310
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The work order.....was that verbal also? I mean.....your direction to the company. Is there no email that outlines what you wanted them to do?
"Written" includes emails. You might contact them, particularly the person who did the estimate or the person who took your call when you ordered the work done, and say "Listen, the quote I got was for $330 which was for locating a property line and a covenant line. Apparently there was some miscommunication within your company, since the entire property was surveyed (I asked for only two lines to be identified, not a complete survey) and the bill came to $1100" Might make a nice email question. Or maybe you could simply email the quote guy and say "you gave me an estimate of $330 for identifying one property line and one restrictive covenant line. I did not ask for a complete survey of the entire property." His response could, might, give you something enforceable.
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unindicted co-conspirator
Join Date: Jul 2007
Location: Fresno, CA
Posts: 1,660
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what state are you in?
Here in the PR of Kalifornia, you can't render professional services (ie: engineering, surveying, architectural, etc) without a signed contract outlining what the scope of services are and what the fees will be. among other pertinent info. If they didn't get a signed contract from you, they could get their mammary gland in a wringer from their state licensing board.
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Get an explanation BEFORE YOU WRITE CHECK FOR ANY AMOUNT! Even $330 could be thrown away.
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Dog-faced pony soldier
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Quote:
Written contracts are absolutely required by professionals in CA to prevent exactly this kind of thing.
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Join Date: Aug 2007
Posts: 105
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Hi guys I really appreciate all the valuable information, actually I am up in BC
Canada........ got snow today, but anyways the work requirement and quote were all verbal with the only piece of paper between myself and the survey company was the invoice that was presented after-wards. If the company takes me to small claims court for collection, I'm just wondering who will the judge likely side with? |
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Dog-faced pony soldier
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I don't know about your laws up there but if it's anything like here, an oral agreement not witnessed by anyone is pretty much unenforceable (he said/she said). Talk with a lawyer to be sure, but I'd think the chances of collecting would be nearly zip from a practical standpoint.
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A car, a 911, a motorbike and a few surfboards Black Cars Matter |
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<insert witty title here>
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I would think the judge would enforce the original verbal quote, but you may want to have some details to back that up. Get similar quotes (written, of course) from other companies to use as evidence, in case they claim the original quote was $1100.
Chances are, though, if they take any action, they'll send it to a collection agency first. You can dispute the claim with the collection agency and see where that gets you. Technically you're supposed to be able to dispute the claim and not have it show up on your credit report while it's in dispute.
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Current: 1987 911 cabrio Past: 1972 911t 3.0, 1986 911, 1983 944, 1999 Boxster |
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Get off my lawn!
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I am not a surveyor but $330 is CHEAP for any professional service especially one that requires the professional to be registered and licensed with the state.
Would you get in your a company owned vehicle and drag many thousands of dollars of equipment out and do anything for that little? Call any true professional photographer from the phone book and ask him to come shoot a few pictures of your house. I bet that cost more that $330. All a photographer has to have is a camera and a business license.
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tell your surveyor to give you a few days. tell them you need the time to run this dispute by their professional licensing board.
i think they should have given you a written quote prior to starting work. as the "professional", they should know this..as the homeowner, you might not. worth a try.
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poof! gone |
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Posts: 105
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Ah Vash actually received an email from the BC Surveyors Association this morning
telling me that it is not mandatory for their members to receive a signed contract before any surveying commences however they do recommend it. Meaning I'm out of luck for that. Sad part of it, I'm not trying to avoid paying for an invoice where I approved certain items in the original work to be done I just don't want to pay for miscommunication from their office to their field staff and the extra surveying that was not needed. The real kick in the butt is now they claim they don't even remember quoting me the $330 SAD but true................... |
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abides.
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Tell them you don't even remember ordering the survey.
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Registered
Join Date: Jan 2007
Posts: 11,758
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This. I would just tell them to stuff the survey if they cannot honor the agreement.
Yeah, I am like that, and I make office workers cry over the phone. They must have gotten the wrong house... |
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