What are my rights against an exterminating company ifit failed to eliminate my bed bug problem?

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What are my rights against an exterminating company ifit failed to eliminate my bed bug problem?

I have a receipt from a company who gave me a 1 year warranty; the problem is bed bugs. They came out 3 times and the probelm is not resovled in my back bedroom (but the front is OK). I paid them over $700 and they keep telling me that they are coming out but never come. Do I have grounds to sue them for my money back so that I can get someone else to take care of the problem? I can’t sleep in the bedroom; I’ve been sleeping on the couch. They did not spray under the bed or box spring in the back room.

Asked on July 11, 2011 under General Practice, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may have grounds to sue them:

1) If there is a warranty, you can sue to enforce the terms of the warranty.

2) If you paid them to do work and they did not do such work--e.g. did not spray or otherwise treat the areas they were supposed to--you may have a cause of action for breach of contract.

3) If they lied to you to get the work  (e.g. lied about the procedures they'd follow or what they'd do), that may be fraud, which may also result in grounds to sue.

Therefore, you may have potentially several grounds for recovery. Given the amount of money involved (less than $1,000), you may be best off suing them in small claims court, representing yourself, rather than retaining an attorney; an attorney could cost you as much or more than you will recover.


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