I am trying to get out of a pest control contract because the company is terrible. I have had so many issues with them and it hasn’t even been a month. They will only cancel if I pay $100. I agreed to having someone come out and spray my yard, verbally. They are saying I agreed to a 1 year contract, verbally. I never signed anything but they are saying my verbal agreement was “good enough”.
The contract states “By signing this Agreement, I, the Purchaser certify I have read and understand….” to which they signed my name electronically. I did not sign that.
Also there is another part of the contract that says “This Service Agreement is contingent upon approval” right above this is a box that says “Supervisor Approval □ Yes □ No” neither box is checked.
Based on these 2 facts I did not sign the agreement and the supervisor approval was not received do i owe the extortion err i mean cancelation fee? They are refusi to cancel unless i pay. I alrea canceled the card on file so they can try to charge it.
I was also told I had 3 days to cancel but I couldn’t get in touch with anyone until after a week had past.
Location: TN
Comments
>The contract states “By signing this Agreement, I, the Purchaser certify I have read and understand….” to which they signed my name electronically. I did not sign that.
What does this mean? Does this mean there was a salesperson standing in front of you and you said yes and they clicked accept?
And you’ve paid them? And they’ve provided some services?
What kind of issues have you had and how to they relate to the contract?
Generally speaking, you made a verbal agreement and that would be enough for them to hold you to that agreement whether you signed or not. However, there can be considerable disagreement about what, exactly, you agreed to.
Do you owe the cancellation fee? I don’t know. Was that in the contract you didn’t sign? They’re claiming you owe it because of the verbal agreement.
Can they charge you for it? Well, no, not if you canceled that card.
Can they sue you for it? Yes.
To enforce it, they would need to take you to court. You would present your evidence that you never agreed to the terms they’re trying to hold you to, or that the company was in violation of the verbal contract. The company will present their evidence that you agreed, including the signature that you say you didn’t sign. That signature sounds like it will make or break the case either way.