Legal Question in Business Law in Kentucky

I have used a lawn service for the past 2 yrs. Both times took advantage of season prepay discount.

This year decided not to use the service so ignored their fall letters for the 2011 program.

Found an invoice in my front door yesterday charging me for the first lawn treatment.

I reread their letter offering 2011 service and find it contains the following in the bottom part to return with payment:

"If you do not return this portion or call us with any changes we will invoice you as each service is performed."

Am I obligated to pay?

Thanks, Pat


Asked on 2/23/11, 8:43 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say this. It all depends on what the contracts said for the last 2 years. Normally, if a contract says it will basically auto-renew, that's one thing. If not, that's a very different story. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 2/23/11, 5:12 pm


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