Full question:
My question is 'Can I get a landscape company come out and fix the problem with the standing water and have the seller billed for it?' Details that lead to the question. I bought a house last October 2009. During the property inspection by a reputable company they found that in the back yard the landscape is such that when it rains it has standing water. The seller agreed to have this fixed so that the water would run off properly. He did come out and put down a small amount of dirt, seed and covered with straw. It did not work. He has been out since that time and we discussed it again and I asked if he could put in a French drain which would have fixed the problem but he said that he would not go to that expense but would dig a ditch and let it run out that way. Over the last couple of months I have been contacting the seller and he keeps telling me I will try to get out there by the next week. To this day he has not come back to fix the problem. On 10/17/2010 I left a message on his cell phone that I was going to contact a landscape company to come out and provide me with an estimate on what it would take to fix my problem. As of today, 10/19/2010 I have not heard from him. I feel that he is trying to get out of his obligation since the warranty has expired but he has been aware of this problem before I moved into the house in October 1, 2009.
- Category: Contracts
- Date:
- State: Alabama
Answer:
No, you cannot bill a third party without their consent. A person cannot be held responsible for a contract unless they agree to it. However, you might be able to seek compensation by filing a complaint and claiming the amount spent on landscaping work under contract law principles.
Contracts are legally enforceable agreements that create obligations. An oral contract, like the one you have with the seller, can be enforced but is harder to prove than a written one. Breaches of contract occur when one party fails to fulfill their obligations, causing the other party to suffer damages.
In your case, the seller's failure to address the standing water issue may be a breach of contract. If you choose to take legal action, you could seek remedies such as money damages, restitution, or specific performance. Money damages compensate for financial losses, while restitution aims to return you to the position you were in before the contract. Specific performance compels the seller to fulfill their obligations under the contract.
For further assistance, you may want to consult with a legal professional to explore your options based on your specific situation.
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.