Landscape company issue

In late April 2016, I bought 4 Cleveland pear trees from the landscape company that would also be planting my grass in May 2016. I paid 1600 for 4 trees and plus the planting. One tree blew over 2 weeks after it was planted. They were not staked as I requested. They came out to upright the tree a week later. I have emailed and left voicemail several times requesting the tree warranty in writing. Was ignored. It was verbal that it was 1 year. Then in May 2016, the planted my grass. Still no word on the warranty of the trees. The tree that blew over is looking really bad. With other issues I had with the dissatisfaction with the new grass and unable to resolve, I told the company I will no longer do business with them. What about the tree warranties? Are they obligated to still be responsible? What do we do? Thanks.

Asked on July 2, 2016 under Business Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A *written* warranty is enforceable as per its plain terms--i.e. you can enforce whatever the warranty says. If they will not voluntarily honor their obligations under a written warranty, you could sue in court to enforce it (e.g. for the value of whatever they should have provided.) However, an oral (often, but incorrectly, called "verbal") warranty is not generally enforceable. If you did not have a signed written warranty, you could only recover compensation from them if you can show that the tree was either sick or damaged when they provided it, or that they did not plant it properly (which means did not plant it the way a reasonable landscapper would)--that is, you would have to show fault on their part to recover compensation, and would have to sue them in court to do so.


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