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Here's An Amazing Example Of Why You'd Better Check Out Anyone You Hire To Do Work Around Your Home Plus: Just Because A Company Gives You A "Standard Contract" Doesn't Mean you Have To Sign It! Also: When Was The Last Time You Updated Your File Of Property Serial Numbers Around The House?
July 24, 2003
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Dear Ben: Can you help me out? In early May my house was burglarized while it was "tented" for a termite treatment. I filed a police report for the (approximately) $3,000 in property stolen, including: Four VCRs, a computer scanner, a bicycle, two stereos, a DVD player, two Gameboys, a Playstation and a Gamecube (plus assorted software for each), a digital camera, binoculars, eight computer game CDs...and my teenager's jewelry.
When I discovered some of the items outside on the morning the tent was removed, one of their workers told me it was the third time it had happened this month. There's a clause in the contract that states they're not responsible for vandalism or theft; also included was verbiage warning tenants not to leave valuables in their homes, plus a clause instructing me to turn over a complete set of (house) keys to them. While these items are valuable, am I supposed to remove anything (everything) of value from my home during the two days of "tenting"? I believe the company should be held responsible for the loss of property. And I also think that I didn't receive the full benefit of the fumigation because the tent was un-clipped on one side for an indefinite amount of time. What can I do?
Margaret A., via e-mail
Dear Margaret: So many things to cover and so little space to do it in. My first candidates for the suspects list would be teenaged-thieves following the exterminators to their job sites, helping themselves to a very teen-targeted shopping list of stolen property. Buying a gas mask in a "post-September 11th" world would draw little suspicion; the tent clearly gives the bad guys necessary cover to do their dirty work. If it's not teenagers, then it's someone going after easily re-sellable merchandise, something they could convert to cash quickly in a parking lot or at a flea market. (Brings back the "Hey man! Wanna deal on some stereo speakers? scammers that started surfacing 25 years ago...of course now they've updated the scam to laptop computers.)
So what did the police say when you filed your report? And what type of demand letter did you send to the owner of the extermination company? (Need ideas on what to write? Try the letter tips located in this section of my website: www.bendover.com/complain.asp.) If your are (in fact) the third such exterminator-theft related incident in the last month, I'm sure the police would be very interested to meet the company employee who shared this crucial insight with you. Not only would this help your cause on the criminal investigation side but if true, it would most certainly help you (legally) void any written agreements you made-as well as recover the rights you gave away-when you hired the company and signed their obviously lopsided contract.
Why did you sign their contract? Why would anyone agree to such ridiculously unilateral terms? Did you even read the contract before you signed it? In the future-and for everyone else facing similar situations-make sure you understand and agree to the terms of any service agreement before you hire a company to do the work. When they come out to bid on the job, ask them to leave a copy of their contract with you to review before you commit. If they won't let you have a copy for this (or any) reason, tell them goodbye...and good riddance.
Don't be afraid to cross-out any statements or conditions you don't agree to. Initial these changes, then ask the company representative to do the same and then make sure he leaves a copy of the contract with you. (But I suggest you don't leave the contract in the house while they're doing their work!). Remember, just because you signed away your rights doesn't mean you don't have recourse-especially if you can prove fraud, deceptive trade practices and/or intent to burglarize your home has been committed.
Dose of Dover For The Week: I wonder if Margaret has serial numbers (for the stolen items) written down in a safe place? Where do you keep this type of information for your possessions? (And what are you waiting for?)
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