Cancelling a Devis
#1
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Joined: Apr 2017
Posts: 4
Cancelling a Devis
I obtained a devis from a reputable company, to cut down some trees, about 2500 €.
I specifically asked for agreement for a date back in October 2016, and a date was agreed - I then signed the devis. When the day arrived, the tree-man said the weather had made the garden conditions unsuitable and he proposed to come back in May. I verbally accepted that and he confirmed in an email.
Today, I received an email that he was proposing to come in a few days time, April 10th.
Now, the problem is that our house has been on the market for a couple of years and, being large and old, it has not received much interest. However, we now have a provisional offer - compromis not yet signed and I am not sure that the Americans who made the offer will really come through - but I do not want to spoil things by having a number of trees chopped down which may be not at all satisfactory to the would-be buyers.
So, since the delays were not of my making and my circumstances have changed significantly and could not be foreseen, do I have reasonable grounds for annulling the contract?
Hope someone can give some definite advice on this interesting site....
I specifically asked for agreement for a date back in October 2016, and a date was agreed - I then signed the devis. When the day arrived, the tree-man said the weather had made the garden conditions unsuitable and he proposed to come back in May. I verbally accepted that and he confirmed in an email.
Today, I received an email that he was proposing to come in a few days time, April 10th.
Now, the problem is that our house has been on the market for a couple of years and, being large and old, it has not received much interest. However, we now have a provisional offer - compromis not yet signed and I am not sure that the Americans who made the offer will really come through - but I do not want to spoil things by having a number of trees chopped down which may be not at all satisfactory to the would-be buyers.
So, since the delays were not of my making and my circumstances have changed significantly and could not be foreseen, do I have reasonable grounds for annulling the contract?
Hope someone can give some definite advice on this interesting site....
#2
Re: Cancelling a Devis
Check out this link
https://resiliation.ooreka.fr/astuce...un-devis-signe
and here:
Devis : que faire lorsque les travaux prennent du retard ? - Aide juridique entreprise en ligne gratuite
On the face of it, I would guess that you come under the Date de 'livraison' depassee de plus de 7 jours: devis caduc.
https://resiliation.ooreka.fr/astuce...un-devis-signe
and here:
Devis : que faire lorsque les travaux prennent du retard ? - Aide juridique entreprise en ligne gratuite
On the face of it, I would guess that you come under the Date de 'livraison' depassee de plus de 7 jours: devis caduc.
Last edited by Tweedpipe; Apr 4th 2017 at 3:45 pm.
#3
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Posts: 5,254
Re: Cancelling a Devis
Reading your post as a disinterested third party, it sounds perfectly reasonable to me. So I would have thought that the first thing to do would be to explain the position to the tree-man exactly as you have explained it here. If he's a practical common-sense sort of chap he will understand the situation, and it doesn't sound as if he's exactly short of work, so hopefully he will agree to write it off.
If he starts being difficult, then you'll have to try another tack - put him off, and maybe explain the situations to the Yanks too, see how they feel about the trees, and tell the tree-man that you're waiting for their response.
But I rather suspect that since you have signed the contract and agreed to a date in May, even if only verbally, and you never mentioned that you would cancel in the event of a sale, it is entirely at the tree-man's discretion.
Have you paid a deposit?
If he starts being difficult, then you'll have to try another tack - put him off, and maybe explain the situations to the Yanks too, see how they feel about the trees, and tell the tree-man that you're waiting for their response.
But I rather suspect that since you have signed the contract and agreed to a date in May, even if only verbally, and you never mentioned that you would cancel in the event of a sale, it is entirely at the tree-man's discretion.
Have you paid a deposit?
#4
Just Joined
Thread Starter
Joined: Apr 2017
Posts: 4
Re: Cancelling a Devis
No deposit paid, so even if it were to become unfriendly, he would have to take me to the tribunal of premier instance, i think... and I suspect he wouldn't have the time to mess about like that.
However, he has replied to my email with some understanding, though he says he was counting on the work... which makes me feel appropriately guilty. I think I have some other grunt gardening work to appease him (removing some souches and blocks of granite, to create a flower bed).
Thx for replies, folks