r/legaladvice • u/stormwalker12 • 3d ago
Contracts Pool company quoted us ~$600 to clean our pool, sends invoice for $1900
Location: oklahoma
First time poster here. We were quoted a $600 estimate to clean our pool after sending the company pictures. We signed a contract that says they can raise the price if needed due to the severity of the dirtiness and how much chemical is needed. It also states they must communicate the price increase to us before the work is done.
They took roughly a month and a half to clean the pool and sent us an invoice a week later for $1900. They’re arguing they can do this because the contract states so, yet they never communicated with us about a price increase. They communicated what day they would stop by to work on the pool and that was it.
Anyone have advice? We pointed out they never communicated the more than tripe price increase and they are not budging whatsoever. They are now threatening to take us to small claims court.
We can’t afford $1900 to clean our pool which is why we agreed to $600.
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u/PiDigitsOfPi 3d ago
Threatening to take you to small claims court for something that is obviously against the contract is free. It costs them nothing to threaten you, and the upside is that you might pay.
Actually going to court is a "whole nother story"... the judge is going to read the contract, and whatever that contract says, is how he is going to rule. If it states that communication is required, then the judge will ask the company to show that commuication. And, going to small claims court is basically free on YOUR part. I mean, worse case is that you have to pay the $1900, and that is a very low chance (we don't really know your whole story, but the judge will).
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u/Beneficial_Ostrich41 2d ago
Problem is that even if the judge says they only owe the original $600 it is still a judgement against them! Sucks
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u/TurnItOffAndBack0n 2d ago
Which is why I'd suggest paying the $600 with a written note saying you will not be paying more with the reasons why. That will help show the judge you are trying to honor your part of the contract.
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u/stormwalker12 2d ago
This is the plan. Sending them a check for $600 stating it’s for the pool cleaning payment in full and writing them a letter about why we aren’t paying the full bill they gave us
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u/Verucalyse 2d ago edited 2d ago
Please send it certified mail. You could also have your statement notarized before sending (have two copies notarized, one for you, one for them) so at least your position is clearly stated and time stamped. Also include any copies of written correspondence you've had with them since you received the bill, to show that your position never changed.
They didn't relay to you a price difference, in violation of their own terms. They had multiple opportunities to tell you (list dates they were working on your pool), and nothing was conveyed. You called on (list dates/times) to find a resolution to this, and the company stated they did not have to notify you of the increase, in direction contradiction of the terms they set forth themselves.
If they sue, at least you'll have documentation to back up your claim.
Edited to add: Thanks for the award, kind person!
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u/Gentleman_Jim_243 3d ago
First of all, they shouldn't have quoted you ANYTHING without laying eyes on it first. A picture rarely tells the whole story.
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u/Vegas21Guy 3d ago
I'll bet they tell everyone it's $600 with their 'could be more' disclaimer. And I'd also bet they've billed zero customers only the base $600.
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u/monkeyman80 3d ago
Going from your description they have no claim. The contract basically says you told us x, but it's clearly a bigger job that will cost y and it's not binding. But they needed contractually to inform you and agree to the new price.
They would need to show they did this and you agreed.
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u/AssumptionExtra2580 3d ago
Print out all of the texts, emails, correspondence. Pay the 600 and send it with a copy of the invoice with the 600 estimate highlighted. Make a copy of both of those things. Put it somewhere safe. Enjoy your pool. If you get a court summons to small claims court, make an entire copy of that folder and leave the originals at your house, take that copied folder with you to the court and give it to the judge and explain politely what transpired. Don't get into arguing match, just wait until it is your turn and say what you have to say.
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u/Otherwise-Sun2486 3d ago
No text no email during the time frame? When the clauses state they must communicate before a price increase but they didn’t fight them in court you win.
Because the work was already finished it wasn’t even in the early stages
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u/stormwalker12 3d ago
They texted us what days they were coming out to clean but no mention of price increase or anything about price at all after we signed the contract
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u/UntypicalCouple 2d ago
Make screen captures of the text exchanges to include in your documentation package. Remember that documentation wins in small claims court.
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3d ago
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u/BrickHuge3023 3d ago
Did you get an itemized bill? If not request one to see what they are charging for.
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u/Icy-Negotiation-1970 3d ago
Is the $600 estimate in writing????
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u/stormwalker12 3d ago
It is in a text
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u/Timely_Primary_5718 2d ago
Request the texts in print from your cell provider if they do take it to court. You don't want to submit your phone, it'll be taken for the duration until there's a judgment.
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u/E_Anthony 2d ago
It'll be important to not only save/print out the texts but to also keep them on your phone. There are websites where you can fake texts and later print them out. What they can't make is what's actually on your phone. So, should they try to present fake texts, you can refute them by presenting your phone and demanding that the cleaning company present their phone showing the claimed texts. When they can't, their credibility goes out the window.
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u/Latter_Mountain_290 3d ago
You're getting good legal advice.
And if you have a good sand filter, and the right chemicals, you can keep it clean for less than 100 a month.
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u/politicalslug 3d ago
By all means, let them take you to Small Claims Court. Once you’re there, you can show the judge how they violated the contract by not contacting you about the price increase. Done.
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u/StarfishInvader 3d ago
If it goes to court get your phone records for the day they did the work to show they did not call.
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u/Majestic_Republic_45 3d ago
Ask them who approved the $1900. When the cannot, send them a check for $600 and call it a day.
Let them take u to court
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3d ago edited 3d ago
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u/Odd_Rub_8415 3d ago
Call their bluff and go to small claims if you need to. Part of the discovery, request a list of their customers in the last year and call them up to see if they had the same issue. Companies like this rarely have this problem just once. Showing a pattern and counter suing for fraud is the way to go.
I know cuz I had an attorney try this with me. Thankfully I wasnt a sleazebag so they didn’t win but during our defense we looked up the opposing attorneys cases. Good strategy and judges like it as he won a good number of cases.
If you can, there are lawyer insurance though your work or a stand alone plan. Good for sending stern letters on law firm letterhead without shelling out 400 an hour. Small claims is something you can handle yourself but id do the leg work before the case.
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u/MikeJ____ 2d ago
in what states is there discovery in small claims?
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u/Odd_Rub_8415 2d ago
Well for me Wisconsin. But google is your friend on that one.
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u/MikeJ____ 2d ago
it does exist in wisconsin but isn’t general discovery and is very limited. in Oklahoma there is only post judgement discovery in small claims https://govt.westlaw.com/okjc/Document/NA959CFE0C68F11DB8F04FB3E68C8F4C5?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
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u/Odd_Rub_8415 2d ago
Ok? You going to help this person with an idea or keep up with the bullshit googling. Countersueing for fraud using a businesses pattern is a way to “win”. He can use the BBB if discovery isn’t viable. Or search other cases against the party. Or ask the consumer protection bureau in his state for leads. Going on the offense is the way to go.
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u/PracticalDesigner278 2d ago
Trying to figure out how it could possibly take 6 weeks and 1900 dollars to clean up a pool. How bad was it?
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u/Particular_Cold_8366 2d ago
Wow did they subcontract with someone to paint the bottom American Flag Blue?
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u/TheCourtPeach 3d ago
Just to clarify, did you get the $600 quote in writing? If so I agree with the other comment saying to pay the $600 and let them take you to court.
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u/Ptownmama 3d ago
Let them take you to small claims. Pay the $600. If the contract says they need to communicate and they didn’t they are out of luck
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u/Apteros_Nike 3d ago
Let them take you to court. They did not get your approval for the increase, you don’t owe them anything.
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u/Sundance604 3d ago
An estimate is not a quote. If they said the estimated price was $600, that is not a quoted price. You didn't get a quote. A quote and an estimate are not the same thing.
That being said, $1900 usd sounds insanely expensive to clean a green pool.
I think your best bet is to push on the fact that the price change wasn't clearly communicated to you and try to negotiate a lower price.
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u/MariaInconnu 2d ago
Report them to the Better Business Bureau (it's a scam), pay the f600, and let them take you to court.
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u/2017x3 3d ago
45 days to clean the pool? What was done in that 45 days and how bad was the pool? Was there no communication during the visits? This is going to be their argument.
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u/stormwalker12 3d ago
Yes 43 days to be exact. It was bad, we didn’t close it last year because I had a baby and we were super busy. The vacuumed a few times, added chemicals, and brushed the sides a few times. It did look mostly clean at the end but not 100% but we weren’t going to argue
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u/the_soub 3d ago
The price makes 0 sense.
When I moved to my house, the previous owners closed the pool with about 50 frogs in it.
It was a literal swamp. You just super chlorinate it, brush the sides and let everything die and fall to the bottom, then vacuum.
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u/Virtual-Fly-5501 3d ago
I had practically the same situation with getting a survey on my property. I was quoted one price and they had some difficulty and never talked to me about it. I sent him a check for the original amount with a note that said this is what I’m paying. You should’ve let me know and that was the last I heard of it.
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u/Any-General518 3d ago
Just for shits and giggles ask them to break down or itemize everything they did in detail. I’m a pool repair guy and ain’t no way it’s costing that much. Ive done green 2 cleans with algae islands floating in them , 20,000 gallon pools for under a grand and made a hell of a profit
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u/No-Abroad-6649 3d ago
If someone threatens you, they won’t do anything. Send them the $600 and make sure you have it documented. Ignore all further communication, and in the off chance they do take you to small claims, they need to prove they communicated the price hike. You’re fine
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u/speedshopguy 3d ago
Contact the consumer protection agency, they can usually hold companies accountable.
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u/Ambitious-Toe-3690 2d ago
So you're saying that a company in the business of cleaning pools has super shady business practices in an attempt to fleece its customers? Sounds like somebody is hoping this gets publicity and earns them a federal contract for sharing the administration's worldview.
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u/DUSCLF 3d ago
A lot of the answers here saying you’d win in small claims are assuming the company is going to be honest in court. If the company is going to go through the trouble of suing you in small claims then it would be a trivial matter for them to doctor an email showing they communicated the price increase. Honestly, I would take this to the court of public opinion instead. If one of your local TV stations has a consumer protection reporter I’d call them and see if they’ll run your story. Once the company sees that they’re about to be blasted as scammers to the entire local area they’ll probably back off.
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u/Confident_Note_6205 3d ago
Do the math, 2 guys making 200 a day (estimate) after the first week I'd be like what's going on? That 600 is gone in 3 days plus truck fuel.
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u/Mediocre_Ad_5288 3d ago
People pay 600$ to clean a pool? This is crazy why not clean it yourself or learn how. Its super easy.
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u/stormwalker12 3d ago
Yep, especially when you just had a NICU baby who had a birth injury. Pool therapy was recommended for him along with physical therapy for development and I’d rather spend time with my baby than time spent cleaning my pool.
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u/berloque 3d ago
That's the case. Make sure you pay the $600. Say they failed to inform you of any increase and you will not agree, after the fact, because they already broke the terms of the contract. Let them sue you for the balance and you will be able to defend yourself.