Oh no he didn't!
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sweetrachel04 |
Oh no he didn't! |
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Posts: 2263 (06/24/2009 12:16 PM) |
I'm so mad right now! We just had a new neighbour move in beside us. He told us he wanted a new fence and we said sure - it was understood that he would
pay for it. We were happy with the fence that was already there. We also arranged to have flowers taken out before he commenced building the fence because they
were 20 year old mature plants. Not only did he start building before telling us (thus killing the plants), but he just came over with a bill for 600 bucks!
I'm beyond furious! What should I tell him? We didn't have a written contract or anything.
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waitwhat |
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Posts: 1020 (06/24/2009 12:17 PM) |
Um, to go %^& himself?
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MonkeyMonkey85 |
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Posts: 16297 (06/24/2009 12:17 PM) |
verbal is just as binding as a written one.
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LisaChasez |
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Posts: 108969 (06/24/2009 12:17 PM) JC Fanatic '03
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If there was nothing written, he probably doesn't have a case. But you did say "sure," and he took that as agreement to pay half.
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jeepchic20 |
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Posts: 15367 (06/24/2009 12:19 PM) |
How was it understood that he would pay for it?
Is he building it or did he have a contractor build it? |
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sweetrachel04 |
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Posts: 2264 (06/24/2009 12:20 PM) |
He had a contractor build it. We told him he could put a fence in if he wanted but we never said we would pay and were never quoted a price until now! Plus
there was a fence there prior to the new one that was just fine, but not as fancy!
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Nneecolee |
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Posts: 9981 (06/24/2009 12:21 PM) |
Judge Judy! Sorry to hear about that.
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sweetrachel04 |
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Posts: 2265 (06/24/2009 12:23 PM) |
Eff my life.
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moussemaker |
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Posts: 17988 (06/24/2009 12:26 PM) |
He should have told you the price before!
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Yeah Christianne |
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Posts: 6740 (06/24/2009 12:26 PM) |
Did you make it clear you weren't paying for it?
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lacheysgurl |
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Posts: 6564 (06/24/2009 12:32 PM) |
tell him to go FUCK himself!
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YellowStar09 |
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Posts: 6755 (06/24/2009 12:34 PM) |
I disagree saying sure doesn't mean that you have to pay half. If that was the case he should talked to you and see about prices so that you are able to
come up with a price that you agree with.
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babylulu |
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Posts: 26272 (06/24/2009 12:37 PM) |
I don't think verbal agreements count. I think that written agreements are much more enforceable.
In any case you might be able to say that he breached it because he started earlier than planned (which you did not agree to) and caused property damage (your plants died and they were old or something.) It sounds like a bilateral contract. He said he'd build a fence, you said you'd move the plants. By starting earlier than planned, he broke the contract therefore you shouldn't have to pay. He also didn't even mention price and you could say that too. I don't know if any of it is enforceable. I just remember what my law teacher said, and I don't know if I have the info right. |
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barbiebrittany |
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Posts: 390 (06/24/2009 12:51 PM) |
screw that!
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justin321 |
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Posts: 242 (06/24/2009 12:57 PM) |
Verbal contract are enforceable in some situations but it looks to me like there was no contract between you guys to begin with. I'd write him a letter
(send it certified mail and keep a copy of it) letting him know that you simply gave him permission to take out the perfectly good existing fence and build a
new one for the sole purpose of HIS aesthetic preferences. Explain that you found nothing wrong with the previous fence and felt no need to have it replaced.
You never agreed to pay for half and price was never even discussed. He also never notified you of the estimated price once a contractor was hired proving that
this was a unilateral undertaking and not a joint venture. Therefore there was no contract and you are not responsible for half the costs.
If he wants to force you to pay for it he will have to take you to court and without a written contract to prove his case he wont have enough to prove that you agreed to pay for half. The copy of the letter disputing the contract will strengthen your argument also. Sorry for the legalese, its hard to turn off sometimes. Fence laws vary state by state and sometimes if you have livestock, etc you are obligated to pay half of the fence costs. But in this situation it doesn't seem like the new fence was built out of necessity. I think a simple letter will help get him to back off or at least show that there is a dispute about whether there was a contract which will be helpful to you if it goes to court later. |
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sweetrachel04 |
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Posts: 2266 (06/24/2009 1:00 PM) |
Oh man Justin321, that's great! And to clarify - we do NOT have livestock LOL. We live in the city (Toronto). And what amazes me more is that he paid $3000
for the whole fence and he has a tiny city back yard! Ugh.
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Froggy86 |
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Posts: 10194 (06/24/2009 1:02 PM) |
I would not pay him a cent!
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IdDoJC100Ways |
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Posts: 26886 (06/24/2009 1:05 PM) |
Whose property is that on? Fencing isn't supposed to be on the property line...it should be a bit in. Also, was there a permit? If so it should clearly
show it's on his property. If it's on his property that's his problem and I'd ignore his request for money. The contractor should not have done
the work without a permit. Also, if the fence is on your property and there was no permit, I'd remind him you can go to the city and report that.
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drp4video |
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Posts: 7343 (06/24/2009 1:14 PM) |
In my city you have to have a permit, and before started, the property has to be surveyed to determine the property line. Also, if it is a wood fence, the
better side has to facing the neigbors property.
From what you said, you did not have a contract to pay anything for the fence, either verbally or in writing. He actually could be responsible to the damage to your property. If he pursues it, talk to an attorney. Find one who gives fee consultations. The amount that he is asking is small claims court though, so you really don't need an attorney (as the Defendant you could have it removed to a higher court and bring one), but the cost of the attorney would be more than the fence.
I would tell him that when he said he was going to put in a new fence and you said fine, you never agreed to pay for it, you just assumed he was paying as you were happy with the old fence..mention the destroyed flowers. Then leave the rest up to him and see where he goes with it. Both my neighbor and I agree we need a new fence, we discussed it and will split the cost. We asked the lady who lives behind us, where the fence will run, if she would contribute, and she said she would pitch in $200.00 (hahahahahahah, why bother), but we have a meeting of the minds. You and your neighbor, did not. |
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justin321 |
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Posts: 243 (06/24/2009 1:29 PM) |
Fence laws vary drastically state to state and town to town in the U.S. and I really have no clue how things work in Canada so there are tons of different
arguments you could make to this guy. Based on my opinion and everyone's advice I would let him know quite simply, and as nicely as possible, that you
never agreed to pay for the fence and you are unhappy with the damage he caused to your property. The good thing about being a Defendant is that you can just
sit back and wait. It would be up to him to sue you for the $600 and he would have to pay for the attorney and it would be his burden to prove that a contract
existed. I think he would have a really hard time doing any of it, and a lawyer would most likely tell him the same thing. Don't stress yourself out over
it either, he would be really stupid to pursue this.
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lacheysgurl |
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Posts: 6576 (06/24/2009 1:33 PM) |
justin321 wrote: |
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