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Legally Speaking
1 Nov, 2008 By: Kenneth D. Morris Landscape Management
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My local Chamber of Commerce tells me they have several customer complaints saying I am overcharging. Am I allowed to see these complaints?
A| Yes, you can ask to see them, but more than likely, your Chamber of Commerce will provide you with the complaint details when they contact you. The Chamber will not want to hold onto them since if the allegations are true, state or federal authorities might want to investigate. If the complaints are justified, you need to rectify the problem with a full or partial refund.
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A homeowners association wants a refund because I was unable to cure a chinch bug problem. But the contract disclaimer states chinch pest control is not guaranteed. Am I protected?
A| The answer will probably depend on state law. Where a contract is not with another commercial establishment, a traditional contractual disclaimer may not protect you. If you made it clear up front there are several variables that affect the effectiveness of your treatment, the association is more likely to understand that no guarantee can be expected.
Kenneth D. Morris, a Philadelphia-based attorney with more than 30 years corporate and law firm experience, offers information on industry legal issues in each issue of LM. Contact him via www.kenmorrislaw.com.
Note:
The above should not be interpreted as offering legal advice in any jurisdiction where such practice is not authorized. Engage competent counsel familiar with your jurisdiction when legal issues arise.
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