QUESTION

Is an email saying to go ahead with a cleaning job binding?

Asked on Nov 13th, 2013 on Business Litigation - Pennsylvania
More details to this question:
We estimated a job for a customer (realtor) and she gave approval to schedule the job through an email. We did not get a contract signed. We completed the job and now the customer said she was scheduling the job for a customer of hers. We were unaware of another customer. Is she responsible for payment because of the email?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Probably.  The customer is not claiming that her acceptance was not valid because it was provided in an email, which defense would probably not work unless she indicated her intent not to be bound until a contract was signed.  Rather she is claiming that she did consent, but that she did not do so for herself, but as an agent for another.  However, if she never disclosed to you, and you did not know, that she was acting for someone else, she is personally liable on the contract.  She may be entitled to be reimbursed by her customer, but that doesn't affect her obligation to you. 
Answered on Nov 13th, 2013 at 4:02 PM

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