If I have a business that failed to oblige a contract obligation, as a homeowner what is my next step?

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If I have a business that failed to oblige a contract obligation, as a homeowner what is my next step?

The contract was to rid my home of ants, water bugs, and whatever and even included rodents. An up-front fee was payed to cover a year and when the pests became evident, several appointment were made, all within the time frame. All appointments were cancelled by the owner of the business. Have tried to contact several times only to be told, “I will refund $250 if you stop calling me”. The last conversation with this person ended up with a disconnect? How do I persue this?

Asked on July 12, 2013 under Business Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You could sue him for breach of contract, the breach being his refusal to come out as per the contract. In such a lawsuit, you could recover either the full amount you paid or the cost to have the home properly exterminated, etc. by someone else.


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