Full question:
I OWN A LAWN CARE FRANCHISE. THE FRANCHISOR HIRED A SECRET SHOPPER TO REQUEST A LAWN CARE QUOTE FROM ME LOCALLY. I SPENT 1.5 HOURS DOING THE QUOTE ONLY TO FIND OUT LATER THAT IT WAS A SET UP TO SEE IF I PRESENTED MY QUOTE IN THE FASHION THEY WANTED. I BILLED THE LADY FOR MY LOSS OF TIME ONCE I KNEW IT WAS A BOGUS QUOTE. DO I HAVE THE RIGHT TO BILL HER AND DOES THE FRANCHISOR HAVE THE RIGHT TO WASTE MY VALUABLE TIME RUNNING DOWN BOGUS QUOTES.
- Category: Contracts
- Date:
- State: North Carolina
Answer:
Your ability to bill for the time spent on the quote depends on your franchise agreement with the franchisor. This contract outlines your rights and obligations, including whether you're entitled to compensation for preparing quotes. If you normally receive payment for quotes, you may have grounds to bill for your time.
Additionally, the franchisor's right to use secret shoppers should be detailed in your contract. Some agreements even require franchisees to pay a fee for this service. For instance, a clause might state: "You must pay us thirty dollars ($30) each calendar quarter to reimburse us for subscribing to a secret shopper service on your behalf." If the franchisor violated the contract terms, you might claim damages for your time spent on the quote.
Generally, contract law governs these situations. If a party fails to meet their contractual obligations, this is considered a breach of contract, which can lead to legal action. Remedies for breach may include monetary damages, restitution, or other forms of compensation aimed at restoring the injured party's position.
For more information on contract law and your specific situation, you may want to consult a legal professional.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.