On quote customer was not charged for item # T18ID900LP $5178.00 glitch in our system the price was reflecting showing item price but did not add up on total . When sales person found out immediately notified their customer but she refused to pay. Even when it was an honest error in our system. After delivering and installing. I want to know do we have a case?
If the property is the owner's homestead (meaning that the owner owns the property and lives there) then your contract with the owner would have to satisfy the requirements of Texas Property Code sections 53.254, et seq., which requires specified homestead lien warnings, signing by husband and wife, and recordation in the county property records.
You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so.
Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.
You certainly have a claim for the item (assuming that your facts are accurate). You should consider preparing a letter to mail by certified mail, return receipt requested, to the customer to set out the facts and to demand the relief that you want. Attach the invoice for the item. Make sure that your letter is professional and business like as it may be evidence later.
If need be, consider filing suit in small claims court (if the claim is less than $20,000), using your letter as evidence.
Good luck.
Hello,
How much was the contracted price and was it a line item that displayed on the quote but did not add up on the Total section? And did the customer receive a copy of the quote showing they were responsible for payment of a line item for $5,178 even though the total was incorrect?
E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com
Hello again,
That does not answer the question. I am seeking information to find out if the customer was on notice that they would have to pay a certain price for the item. Exaple:
Invoice states:
Item 1 - $10
Item 2 - $11
Item 3 - $50
Invoice Total - $21
In that example, Item 3 is listed with its price but the total is not reflective of Item 3's price. Is that what happened here or was Item 3 left off entirely? This is important because you may not have a lien but you may have a lawsuit that stands some chance of success. At least enough of a chance of success that the customer will encouraged to pay something to make it go away.
-Aaron
Okay,
If the customer was on notice that she was going to need to pay for the item, you have a claim for quantum meruit and/or promissory estoppel. It would appear that she was on notice that she would be receiving the item and it was only a flaw that prevented things from being properly added for a complete total. The core of this is that she was receiving the benefit of the item and she accepted it so now must pay for it. This situation is not the best grounds for a lawsuit but may be one of your better paths to recovering something.
Send her a demand letter from an attorney so it has some weight behind it and file suit within a couple weeks of her ignoring the demand. Do not file in JP Court because for something like this, I would want rules and procedure. A lien may not be best for this situation.
-Aaron
On quote # 256530-11 customer was not charged for line item # T18ID900LP $5178.00 glitch in our system the price was reflecting showing item price but did not add up on total . When sales person found out immediately notified customer but she refused to pay. Even when it was an honest error in our system. After delivering and installing the sales person notified the were delivery was done they said they had paid Mrs. Gutman she refuses to pay us for an error she had to seen! Customer refuses to pay I want to know do we have a case?
We want to get paid or our product back !
The customer recieved a copy as well. The contract amount did not add the item wish reflected on invoice $24,289.87 did not add the amount of $5,178.00
Correct it is like your demonstration.