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If a customer changes the wording on a vendor's cost estimate and then signs the agreement, is the new wording valid?

Sacramento, CA |

I requested an estimate to have a series of platforms constructed. The vendor gave me an estimate. But I noticed that the estimate shows "five (6) platforms $1908.00" in that order. If I were to cross out the word "five" and replace it with "six" and then sign the agreement, will the vendor install six or five platforms?

Attorney Answers 3

Posted

Handwritten modifications and interlineations are never a good idea. Just ask the vendor to confirm what was agreed upon and ask that a new estimate be prepared before installation.

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Posted

Honestly, the best way to solve this is to ask the vendor. If you think you are getting six, ask them to put it in writing.

The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com

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Posted

Mr. Lewis has given you a good answer.

While the ambiguity is the fault of the person who wrote up the estimate, and perhaps you could argue that he should take the loss for it, do you really want to have a legal dispute over one-sixth of a $1,908 deal?

Best solution: Ask the vendor to issue a new estimate with the correct number in it.

And by the way, why not just put in either the word "six" or the number "6" and be done with it? It's silly and unnecessary to spell out the number and then put the number in parentheses--and in this case, it caused a problem.

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