Talk of The Villages Florida

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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Deans Pest Control (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/deans-pest-control-347358/)

Corvette 02-02-2024 02:29 PM

Deans Pest Control
 
Public Service Announcement:
We lived in The Villages and used Deans for Termite treatment 12 years. We moved out of The Villages 4 months ago. I did NOT receive a notification that the 2024 service would be done, I was told they mailed it. I did however receive a bill for service. I had no idea that I needed to call to advise we had moved. I called and asked them to send the statement to the new home owner and was told NO, it wasn’t their job to do that, the account was still in my name. When I stated I thought it was an annual agreement, when I paid we’d be protected for the year. Was told their paperwork, which I have never seen, states it is self renewing. 😳 Appears I’m on the hook for $171. Beware!

Stu from NYC 02-02-2024 02:39 PM

I would think that when you move you need to tell your vendors to stop service to avoid this type of problem

bagboy 02-02-2024 02:49 PM

Quote:

Originally Posted by Stu from NYC (Post 2297601)
I would think that when you move you need to tell your vendors to stop service to avoid this type of problem

One would certainly think that.

Keefelane66 02-02-2024 03:15 PM

That's a new one, thank for letting us know you moved.

retiredguy123 02-02-2024 03:17 PM

Almost all termite treatment plan agreements have a self renewing clause. If you were provided a contract after the initial treatment and it had a self renewing clause, then you owe them for the annual treatment, assuming they performed it. I totally agree with Deans that they cannot expect the new homeowner to pay for the treatment that they didn't order.

Papa_lecki 02-02-2024 03:43 PM

I can’t believe Deans doesn’t check the real estate transactions to see when their customers move

I know, I get a call from my exterminator, telling me they are coming - they don’t just randomly walk onto my property.

Stu from NYC 02-02-2024 03:48 PM

Quote:

Originally Posted by retiredguy123 (Post 2297614)
Almost all termite treatment plan agreements have a self renewing clause. If you were provided a contract after the initial treatment and it had a self renewing clause, then you owe them for the annual treatment, assuming they performed it. I totally agree with Deans that they cannot expect the new homeowner to pay for the treatment that they didn't order.

I would imagine the homeowner has to sign paperwork when the work is done and somewhere in there is the annual contract.

MsPCGenius 02-02-2024 08:01 PM

Not gonna happen....
 
I can’t believe Deans doesn’t check the real estate transactions to see when their customers move

Not the contractors responsibility. Most contractual services self renew if you don't notify -- also true for most services you purchase via Internet (paid apps are a good example). This is no different from discontinuing the water, gas, electric, etc. when you sell your home. If you no longer want to be responsible for payment stop the service.

Consumers need to be aware what they are purchasing and the fine print to what they are signing. I am sorry that it ended up being a costly lesson for you.

thelegges 02-02-2024 08:16 PM

We have sold four houses here, Seco, TECO, notified to stop services on day of closing a two weeks in advance.
Banks, Postoffice of change of addresses notify 30 days in advance.

Dean’s service held treatment if any for the week of closing, soon as paperwork signed, called to cancel all services.

To blame a company for poor planning on your part is just wrong.

Randall55 02-03-2024 04:48 AM

Dispute the fee with your credit card company. Deans will have to show they performed a service on YOUR PROPERTY. If you win, your money is refunded and Deans has no means to collect or report on your credit. If you lose, cost you nothing more than the $171.

retiredguy123 02-03-2024 05:44 AM

Quote:

Originally Posted by Randall55 (Post 2297694)
Dispute the fee with your credit card company. Deans will have to show they performed a service on YOUR PROPERTY. If you win, your money is refunded and Deans has no means to collect or report on your credit. If you lose, cost you nothing more than the $171.

I don't think that Deans is required to determine who actually owns a property to enforce a termite contract that the OP signed. Typically, contractors will perform work for anyone who agrees to pay for the work. For example, if a renter hires a contractor to paint a room, can he refuse to pay because he doesn't own the house?

Rwirish 02-03-2024 06:00 AM

Beware of what? You are in the wrong.

Angelhug52 02-03-2024 06:19 AM

Quote:

Originally Posted by Corvette (Post 2297598)
Public Service Announcement:
We lived in The Villages and used Deans for Termite treatment 12 years. We moved out of The Villages 4 months ago. I did NOT receive a notification that the 2024 service would be done, I was told they mailed it. I did however receive a bill for service. I had no idea that I needed to call to advise we had moved. I called and asked them to send the statement to the new home owner and was told NO, it wasn’t their job to do that, the account was still in my name. When I stated I thought it was an annual agreement, when I paid we’d be protected for the year. Was told their paperwork, which I have never seen, states it is self renewing. 😳 Appears I’m on the hook for $171. Beware!

Did you check with the new homeowner to see if service was done? The little sign on lawn? They came in and checked for termites? If new homeowner paid them as well and you have proof I would question the company's ethics in business. If new owner sent them away I would think least the company would do is call you?

westernrider75 02-03-2024 06:25 AM

[QUOTE=Corvette;2297598]Public Service Announcement:
We lived in The Villages and used Deans for Termite treatment 12 years. We moved out of The Villages 4 months ago. I did NOT receive a notification that the 2024 service would be done, I was told they mailed it. I did however receive a bill for service. I had no idea that I needed to call to advise we had moved. I called and asked them to send the statement to the new home owner and was told NO, it wasn’t their job to do that, the account was still in my name. When I stated I thought it was an annual agreement, when I paid we’d be protected for the year. Was told their paperwork, which I have never seen, states it is self renewing. 😳 Appears I’m on the hook for $171. Beware!

Deans always calls/emails and lets us know they will be coming to perform a service. If you didn’t tell them you were no longer the owner how would they know that?

derkster 02-03-2024 06:32 AM

Karen? It is your responsibility. Case closed.

Marmaduke 02-03-2024 07:04 AM

Don't take this the wrong way, but service providers can't read your mind any more than the electric company, postal service, etc.

I realize that 12 years of living and using services may make it hard to recall all of the service providers that we use, but Dean's was a regular.

Anyway, it's why we keep records and files.
i just go right through the entire file drawer, (or in these days), right down our spreadsheet to notify everyone 2 weeks in advance of closing, as a part of my responsibility.

nancyre 02-03-2024 07:11 AM

I picked up the contract from the prior owner - as the house was new. Lots of paperwork and a year later when I called to find out where the renewal was - they did not have it. Instead of settling it up they told me the contract from the build was void now. So needless to say they did not get me as a customer.

Priebehouse 02-03-2024 07:18 AM

Quote:

Originally Posted by Signguy (Post 2297703)
$171 are you F-ING serious!?!

Look at all the money you'll save in capital gains taxes by taking that $171 off your profit as a qualified expense. :laugh:

Girlcopper 02-03-2024 07:23 AM

Quote:

Originally Posted by Corvette (Post 2297598)
Public Service Announcement:
We lived in The Villages and used Deans for Termite treatment 12 years. We moved out of The Villages 4 months ago. I did NOT receive a notification that the 2024 service would be done, I was told they mailed it. I did however receive a bill for service. I had no idea that I needed to call to advise we had moved. I called and asked them to send the statement to the new home owner and was told NO, it wasn’t their job to do that, the account was still in my name. When I stated I thought it was an annual agreement, when I paid we’d be protected for the year. Was told their paperwork, which I have never seen, states it is self renewing. 😳 Appears I’m on the hook for $171. Beware!

Beware of what? You had a contract, they serviced because you didn’t tell them you moved and now they want payment. Sounds about right.

nn0wheremann 02-03-2024 07:42 AM

Quote:

Originally Posted by Corvette (Post 2297598)
Public Service Announcement:
We lived in The Villages and used Deans for Termite treatment 12 years. We moved out of The Villages 4 months ago. I did NOT receive a notification that the 2024 service would be done, I was told they mailed it. I did however receive a bill for service. I had no idea that I needed to call to advise we had moved. I called and asked them to send the statement to the new home owner and was told NO, it wasn’t their job to do that, the account was still in my name. When I stated I thought it was an annual agreement, when I paid we’d be protected for the year. Was told their paperwork, which I have never seen, states it is self renewing. 😳 Appears I’m on the hook for $171. Beware!

Should have been handled at closing of sale. Bad move by your attorney, sales agent, & closing processor.

thelegges 02-03-2024 07:54 AM

Quote:

Originally Posted by nn0wheremann (Post 2297742)
Should have been handled at closing of sale. Bad move by your attorney, sales agent, & closing processor.

Sales agent nor closing has anything to do with your responsibility to stop your paper any subscriptions, mail, upcoming contractors, lawn/landscaping, utilities.

The one thing you can count on at closing Hugh amount of money held in escrow until final CDC utilities bill. Then a Very large check is mailed to you from CDC upon final account read and closed. If one needs help on what to do when selling a home, family should step in and offer assistance

Gunny2403 02-03-2024 08:19 AM

This is on you.

Dusty_Star 02-03-2024 08:21 AM

Quote:

Originally Posted by thelegges (Post 2297750)
Sales agent nor closing has anything to do with your responsibility to stop your paper any subscriptions, mail, upcoming contractors, lawn/landscaping, utilities.

In my experience lawyers do usually take care of utilities & services, or at least check with the homeowner that they have been taken care of, but we do not use lawyers for real estate transactions in The Villages.

Wvguard 02-03-2024 08:27 AM

Never an issue
 
I have used Deans for years, never an issue. In fact yesterday was my scheduled treatment and as always they called ahead to let me know. I have told them the house is on the market and they said to call them to cancel my contract when it sales. Seems a reasonable enough request. And one I will do for all the service that are auto pay.

bp243 02-03-2024 08:36 AM

Quote:

Originally Posted by Corvette (Post 2297598)
Public Service Announcement:
We lived in The Villages and used Deans for Termite treatment 12 years. We moved out of The Villages 4 months ago. I did NOT receive a notification that the 2024 service would be done, I was told they mailed it. I did however receive a bill for service. I had no idea that I needed to call to advise we had moved. I called and asked them to send the statement to the new home owner and was told NO, it wasn’t their job to do that, the account was still in my name. When I stated I thought it was an annual agreement, when I paid we’d be protected for the year. Was told their paperwork, which I have never seen, states it is self renewing. 😳 Appears I’m on the hook for $171. Beware!

Thanks for the reminder that we need to be aware of what’s self-renewing. On occasion I’ve been caught in the same situation, so understand why you’re annoyed.

retiredguy123 02-03-2024 08:45 AM

Quote:

Originally Posted by Wvguard (Post 2297776)
I have used Deans for years, never an issue. In fact yesterday was my scheduled treatment and as always they called ahead to let me know. I have told them the house is on the market and they said to call them to cancel my contract when it sales. Seems a reasonable enough request. And one I will do for all the service that are auto pay.

One reason that I use Massey instead of Deans for services is that they do not require auto pay. Deans requires customers to provide a credit card that they can charge when a service is provided. Massey bills me for services after the service has been provided. Also, I have a 10 year renewable termite contract with Massey. Deans would only agree to a yearly contract, where they could increase the price or cancel the contract at any time.

TeresaE 02-03-2024 08:47 AM

Quote:

Originally Posted by Corvette (Post 2297598)
Public Service Announcement:
We lived in The Villages and used Deans for Termite treatment 12 years. We moved out of The Villages 4 months ago. I did NOT receive a notification that the 2024 service would be done, I was told they mailed it. I did however receive a bill for service. I had no idea that I needed to call to advise we had moved. I called and asked them to send the statement to the new home owner and was told NO, it wasn’t their job to do that, the account was still in my name. When I stated I thought it was an annual agreement, when I paid we’d be protected for the year. Was told their paperwork, which I have never seen, states it is self renewing. 😳 Appears I’m on the hook for $171. Beware!

Adulting is so hard. Especially when you have to be responsible for reading your service agreements and canceling contracts.

Alarmed 02-03-2024 08:58 AM

Auto-renewal contracts have restrictions in Florida. See below.

Is a automatic renewal clause enforceable?
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.February 18, 2019
Apparently unbeknownst to many as-a-Service providers and their customers, both state and federal law restrict automatic renewal clauses, particularly in the consumer context. Florida Statute §501.165 requires that automatic renewal provisions in service contracts be clear and conspicuous, and that the consumer be notified no less than 30 days nor more than 60 days before their contract automatically renews, if the initial contract is 12 months or more and if it automatically renews for more than 1 month. Additionally, the Federal Trade Commission has attacked automatic renewal clauses in recent years through enforcement of the Restore Online Shoppers Confidence Act (“ROSCA”).

Second Wave of Auto-Renew Lawsuits Makes Business Model Risky
Sedgwick LLPMeegan BrooksAugust 13, 2015
The recent uptick in litigation — which has been brought against startups and established companies alike, in a wide variety of industries — shows that no company is immune from these potentially expensive actions.[1] These include California (Cal. Bus. & Prof. Code §§ 17600-17606), Connecticut (Conn. Gen. Stat. § 42-126b), Florida (Fla. Stat. § 501.165), Georgia (O.C.G.A. § 13-12-3), Illinois (815 ILCS 601/10), Louisiana (La. Rev. Stat. § 9:2716), Maryland (Md. Code Com. Law § 14-12B-06), New Hampshire (N.H. Rev. Stat. § 358-I:5), New York (N.Y. Gen. Oblig. Law § 5-903), North Carolina (N.C. Gen. Stat. § 75-41), Oregon (Or. Rev. Stat. §§ 646A.293, .295), Rhode Island (R.I. Gen. Laws § 6-13-14), South Carolina (S.C. Code § 44-79-60), South Dakota (S.D. Codified Laws § 49-31-116), Tennessee (Tenn. Code §§ 62-32-325, 47-18-505), and Utah (Utah Code § 15-10-201).

DonnaNi4os 02-03-2024 09:00 AM

They aren’t mind readers, it was your responsibility to cancel their services….although I do understand that you wouldn’t think of it. Perhaps reach out to your realtor.

maistocars 02-03-2024 09:06 AM

I thought I noticed one less Corvette riding around town......

virtue51 02-03-2024 09:10 AM

First, you as the homeowner are responsible to cancel any services performed at your home. Contractors are not mind readers. Someone said that they post a sign in the yard when the service is performed - not when it is termite service. Third, contractors should not be expected to check sales transactions as someone stated. I cannot believe that people bad mouth a company when the homeowner is responsible to cancel the services.

You own a home and the responsibility is yours.

retiredguy123 02-03-2024 09:12 AM

Quote:

Originally Posted by DonnaNi4os (Post 2297802)
They aren’t mind readers, it was your responsibility to cancel their services….although I do understand that you wouldn’t think of it. Perhaps reach out to your realtor.

Reach out to your realtor? I'm sure they will reimburse the OP immediately.

Pamelaripp 02-03-2024 09:56 AM

After 3 years we had to discontinue Dean's Services due to what we considered poor quality service. It sounds as though Dean's has other issues going on in they way they do business as well. They have great sales people, but need to work on other aspects of their service if they want to keep their current customers.

bsouthworth47@yahoo.com 02-03-2024 10:22 AM

Deans
 
I had lawn service with Deans for about 2 years. I decided to cancel it. I sent them a email to cancel the service. When they showed up again I told the Tec I had cancelled it he said that is not showing up as cancelled. I called them and was told I had to call them and not by email. If you want to cancel anything make you call them.

kkingston57 02-03-2024 11:42 AM

Quote:

Originally Posted by Rwirish (Post 2297707)
Beware of what? You are in the wrong.

Maybe he is telling people what can happen IF they do not notify Deans or any other vendor. Can't expect anyone to know that the owner has moved out. Just like any other service provider

kkingston57 02-03-2024 11:44 AM

Quote:

Originally Posted by nn0wheremann (Post 2297742)
Should have been handled at closing of sale. Bad move by your attorney, sales agent, & closing processor.

Not any of the above's job. In fact I doubt that they can do this. It is not their house.

TeresaE 02-03-2024 01:56 PM

Quote:

Originally Posted by nn0wheremann (Post 2297742)
Should have been handled at closing of sale. Bad move by your attorney, sales agent, & closing processor.

That’s nothing that would show up in a title search unless there was a mechanic’s lean in place for lack of payment.

TeresaE 02-03-2024 02:02 PM

Quote:

Originally Posted by Dusty_Star (Post 2297770)
In my experience lawyers do usually take care of utilities & services, or at least check with the homeowner that they have been taken care of, but we do not use lawyers for real estate transactions in The Villages.

A good buyer agent will remind her clients to turn on utilities and, in the south, remind people about details on the termite bond. Conversely, a good sellers agent will do the same. But these are courtesies and experience, not requirements.

thelegges 02-03-2024 05:54 PM

Quote:

Originally Posted by TeresaE (Post 2297894)
A good buyer agent will remind her clients to turn on utilities and, in the south, remind people about details on the termite bond. Conversely, a good sellers agent will do the same. But these are courtesies and experience, not requirements.

In your email pre closing documents is a sheet with all the phone numbers to all utilities to either start or stop services. You can lead a horse to water but can’t make them drink it

Pat2015 02-04-2024 08:55 AM

It’s on you to tell your lawn guy, pest service, pool service, etc., when you move otherwise you will continue to get billed. Understand this was an annual service, but I would have been sure to contact them and tell the new owner they can continue with them or not by giving the vendor a call.


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