What is your procedure?

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sd4524

Senior Member
Location
Southern California
"I own a rental property and need an electrician to check out a breaker that keeps tripping. I live an hour away."

I get these calls pretty often. I tell them that there are no options with me sending a bill. The tenant can sign for the work and pay or I can take a credit card over the phone from the owner. I haven't been burned yet using this system. The problem I can see arising is that the owner doesn't sign any type of contact.

These questions might be for CA Contractors
1. Is a contract between me and the tenant even legal? Its not their property
2. If I emailed a contract to this owner and had them email me back, "I have read the contract and accept the terms" Would that hold up?
 
Even if I was from Ca it wouldn't mean much as none of us are lawyers. I personally would not enter into an agreement with a tenant. If the landlord calls me that is one thing but I do not work on a home unless the owner calls me.
 
sd4524 said:
The problem I can see arising is that the owner doesn't sign any type of contact.
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How about using a fax. I have bought out of state property that I never visited and did the entire transaction using nothing but a fax machine. I would think that your faxed contract and returned signed contract would hold up in any court.
 
sd4524 said:
"I own a rental property and need an electrician to check out a breaker that keeps tripping. I live an hour away."

I get these calls pretty often. I tell them that there are no options with me sending a bill. The tenant can sign for the work and pay or I can take a credit card over the phone from the owner. I haven't been burned yet using this system. The problem I can see arising is that the owner doesn't sign any type of contact.

These questions might be for CA Contractors
1. Is a contract between me and the tenant even legal? Its not their property
2. If I emailed a contract to this owner and had them email me back, "I have read the contract and accept the terms" Would that hold up?
Click to expand...

You are a contractor in CA and you really don't know the answer. I am sorry if I sound harsh. As a licensed contractor in Ca you had to pass the Law test and the HIC certification ( HIC no longer needed as all current contractors have passed) Within the Home inmprovement contract the contract is between a contractor and homeowner or a Contractor and a Tennant. SO YES a contract with a tennant is enforceble and is required. It is a misdemeanor for a contractor not to have a proper CA type contract. Even for a single one hour service call!

So what to do>
1- either have the tennant sign the contract and pay or
2- email/ fax the contract for signature, I now have smart phone so I can view a contract that is emailed or faxed to my email. That's the law how you decide to run your busness is your perogotive. You don't have to follow the rules but you need to know what they are.
 
Fax seems to be on the way out. I'm thinking email is the way to go. Thanks for citing the law on the tenant issue. I know I need a contract (mine is 3 pages on 8.5" x 14" piece of paper) on every job here in CA but I get lazy when the owner is from out of town.
 
sd4524 said:
Fax seems to be on the way out. I'm thinking email is the way to go. Thanks for citing the law on the tenant issue. I know I need a contract (mine is 3 pages on 8.5" x 14" piece of paper) on every job here in CA but I get lazy when the owner is from out of town.
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It really sucks that we have to have 3 plus pages of crap to perform a hour or two job. This sate is getting just :rant::rant::rant::rant::rant::rant::rant:
 
sd4524 said:
Fax seems to be on the way out. I'm thinking email is the way to go. Thanks for citing the law on the tenant issue. I know I need a contract (mine is 3 pages on 8.5" x 14" piece of paper) on every job here in CA but I get lazy when the owner is from out of town.
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Just curious, but how do you sign an email and return it?
 
Easy--Print it, sign it scan it back in and the attach it then send it! TA DA!:cool:
 
If you word you text or email correctly, their response will be their acceptance.

Email the proposal and their "do it" reply will be on the same page.



It wouldn't hold up in a serious legal battle because someone else could have composed the message but, for what we do, it will suffice.

In a serious legal issue, even a faxed signiture is often not acceptable.
 
I operate in a resort town where most of the rental properties are owned by folks do not reside anywhere near here. Also many of the renters are transitory (just forn the weekend) so they will not agree to pay anything. A typcal call is "I have a place on (address) and the tennant says the living room outlets aren't working". I take a phone # and email address, go out and fix the problem and send them an invoice when it's convenient. By law we have no legal contract and no one is obliged to pay me. But they always do pay, hundreds of times per year for the past 34 years. Most of my customers I have never or will never meet face to face.
 
bkludecke said:
By law we have no legal contract and no one is obliged to pay me. But they always do pay, hundreds of times per year for the past 34 years. Most of my customers I have never or will never meet face to face.
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Wow I wish I had your customers.
You never have to do repeat billing!
 
Oh sure I have to nudge a customer now and then, sometimes it can take a few months to get paid, but those are rare. Even a properly written and signed contract will not insure prompt payment every time. We find that usually the homeowner is just grateful to get prompt and professional service. We charge $125 for a service call up to the first full hour and after that we try and quote a price for any more work which may be needed. We have also found that, even though we might loose money on the deal, sometimes it is OK to just reset the GFCI device or the CB, take $20 or $40 in cash and be on our way. For folks who obviously just don't have much it is the best PR we can do. Like I said, after 34 years at this, when we find that it ain't broke we don't try and fix it.
 
Scan and email?
As a matter of fact emails don't even need a signature to be legally binding agreements.
Least where I live if a customer sends me an email saying "proceed with work per your proposal" it'll be considered a binding contract in court.

stevenje said:
Just curious, but how do you sign an email and return it?
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