Charged for a Landscape Designer Quote without Notice

Mr BoMBAStiG on 15/01/2024 - 11:00
Last edited 29/01/2024 - 22:53 by 1 other user

Found a landscape designer online and filled out their online form to request she comes and look at our block. She calls me a couple of days later to find a time and date that suits. This was the only thing that was discussed.

I texted her confirmation of the time and date a couple of days later and gave our address. She turns up at the agreed time and spends 40 mins talking to us. We briefly told her what we were after and she spent most of the time giving us potential ideas off the top of her head. The whole conversation was focused on what she would be drawing up as a detailed design. She takes no notes, no photos or no measurements, just talks. She leaves.

A few days later she sends a quote for $3300 (and $250 an hour additional for alterations) to draw up some landscaping designs; fair enough, she can charge what she wants. Today she sends an invoice for $330 for the "1 hour consultation" she did at our house.

At no point on the call, in text messages, in person or on her website is there mention of a consultation fee for coming out to talk to us.

Am I right to want to challenge the $330? I realise she provided us with some information (most of which I did not like but that is beside the point), but not telling us that there was a charge before the fact has left me with a sour taste in my mouth.

Update 2 weeks later:
I ignored.
She emailed asking me to make the overdue payment.
I politely asked her to provide a copy of the prior notice I was given that outlined the invoiced cost.
She wrote back simply saying it was on her website, no links given.
I went back to her website and clicked around more and after a few minutes found a page that did specify the charge in question. It wasn't in an obvious place (in my opinion) and certainly wasn't on the About, Gallery or Contact pages which are the only pages I visited on her site before I called her.
So the question is now, is it my fault for not finding this page?

Home & Garden

Comments

    • Mr BoMBAStiG on 15/01/2024 - 12:47
      +3

      Nah, it is clearly separate from the quote and was clearly for the time spent (plus 20mins) she was at my place.

  • Bargainitis on 15/01/2024 - 13:03

    To be fair on both you and the consultant - she did some work albeit bare minimal from reading what you posted but didn't make it clear that there will be a charge for coming out.

    Drakesy's comments would be more applicable if she has drawn something out for you but for verbal views… feels like a stretch.

    FWIW, my view is does the quote justify the work put in? doesn't feel like it…. I would just be polite and discuss this view. I'm sure she will just move on.

    • Mr BoMBAStiG on 15/01/2024 - 13:08
      +13

      I disagree, it has nothing to do with whether or not I think the consulting quote amount justifies the work she put in. I am happy to pay for anyone's time to come and quote, talk, advise, measure etc if they tell me beforehand that I will be charged for it. If someone values their time that much, it would give me a greater sense of confidence they are going to be good.

      • Bargainitis on 15/01/2024 - 13:18
        -4

        Putting aside the lack of T&Cs - its ultimately a commercial call now which is what i'm getting at.

        Imagine if she spent time drawing up a plan for you - would you still pay her nothing? sure, legally you may not need to but technically some consulting service was provided.

        If you are stilling challenging my above example, then you have no idea how the real world works.

        • Mr BoMBAStiG on 15/01/2024 - 13:31
          +13

          If I now told you that me replying your your comment is not free and costs $5 for my time, would you pay me?

          • Morien on 15/01/2024 - 13:40
            +8

            @Mr BoMBAStiG: Yeah, I think this is what people are missing here.

            Without seeing the business' website, and hearing the communication, I cannot say what should happen, but prices must be disclosed and agreed to up front.

            I have heard many accounts of people going to some bar while on holiday, being offered a drink, and then a bill comes for an exorbitant amount. We call that a scam. Why would it be any less a scam because alcohol isn't involved and it takes place in Australia?

          • Bargainitis on 15/01/2024 - 15:01
            +1

            @Mr BoMBAStiG: Again, all relative right.

            This is a public forum where people are not expected to "pay" for advice. What a laughable counterargument by you….

            I'm pretty sure (if not 100% certain) this consultant engaged with you not for charitable purposes and hence why I said some of these things are commercial calls. I already mentioned that given it was minimal effort by the consultant and the lack of T&Cs, you have a good reason to not pay anything but the fact you are simply (and blindly) leaning on the legality of it all shows your true colours.

            • Mr BoMBAStiG on 15/01/2024 - 16:12
              +6

              @Bargainitis: You don't expect to pay me for advice here because there is nothing mentioning payment and people have commented on your posts for free in the past.
              There was no mention of payment with her and I have only ever received free quotes (when no prior agreement of payment has been had) in the past.

              I get your point, she used up her time and there is a reasonable case that I should pay for the time she spent with me in a professional capacity.

              I put in dozens of hours every quarter submitting tenders and proposals for future work with potential clients; who sometimes invite me to do so if we have worked together before. The level of information, advice, strategy etc that I provide these businesses in these documents is far beyond the level to what the landscape designer chatted to me about. This is just a fact of life and I would be laughed out of the room if I submitted an invoice for the time I spent trying to get their future business.

              you have no idea how the real world works
              shows your true colours

              Need a mirror bargain?

              • Bargainitis on 15/01/2024 - 20:50
                -3

                @Mr BoMBAStiG: You get my point which is what I was trying to convey but we still debating?

                I’m in M&A so you don’t need to refresh me on how tenders work. The difference between your last example and the local consultant is scale. Your tenders are likely with large corporations / government where you know exactly what you are in for, ie it’s competitive and you need to do the work knowing full well you may lose. That’s very different to a mum and dad consultant…

                maybe use the mirror instead?

                • Mr BoMBAStiG on 15/01/2024 - 23:49
                  +4

                  @Bargainitis: So I spend 6 hours putting together a proposal for a state government department on how they can process digital forms more efficiently. I can't bill them for my time because they are a large organisation.
                  My local Thai restaurant owner gets referred to me as they want to set up an online ordering system. They ask me to come down and we chat for a couple of hours about what I can offer and I demo to them a few systems I could help them set up. You want me to charge them for 2 hours of my time because they are a mum and dad business?

                  • KaitoKid1412 on 16/01/2024 - 14:04
                    +2

                    @Mr BoMBAStiG: I don't really have a strong opinion on all of this, but I believe the person you are replying to was referring to a consultant working for a large organisation (and likely salaried) vs mum and dad consultant (who isn't likely salaried). In your reply you are comparing the customer being an organisation vs customer being mum and dad business, which is a different ball game.

                    • Mr BoMBAStiG on 17/01/2024 - 20:12
                      +2

                      @KaitoKid1412: I don't work for a large consultancy. None of my peers nor I charge any client for any sales or marketing activities we do.
                      In fact, I essentially pay potential clients when I take them out to dinner or events and cover all costs!
                      In that sense, the designer should have brought us coffees when she came over!

  • Euphemistic on 15/01/2024 - 13:19
    +5

    Really should have been disclosed up front.

  • Sye on 15/01/2024 - 14:26
    +13

    Lucky she didn't come out on a Sunday and charge $420 consultation fee.

    Also I'll be sending you my "comment" fee for $69.

    /$

  • star-ggg on 15/01/2024 - 14:29

    What is the standard practice for landscape design? Come out in person to quote or ask for some photos + details (how large garden, what you want put in etc.)?

    • Jimothy Wongingtons on 15/01/2024 - 14:41

      prob the same vagueness that comes with interior design?

      pick the right plants for the soil, things to watch out for like drainage, shade, compatibility of plants etc

      • Mr BoMBAStiG on 15/01/2024 - 15:57
        +3

        She wasn't even that good. Just hand wavy with 'let's put some natives over there and a patio there so you can serve cheese and dips for your guests there and a thinner path here so we can open up this area'. I asked her about drainage and excavation and she just said the landscaper will worry about that :S

        • Jimothy Wongingtons on 15/01/2024 - 16:17

          where did you find this consultant? just first pop up on google search for 'landscape designer + your suburb?'

          i guess technically they are right..similar to how an interior designer would get a bunch of other subbies in (chippy, sparky, plumber etc) - like the designer doesnt know anything about running electrical circuits, waste water pipes or where you can skimp out on wood+materials and where you should spend the $ for a better finish overall. Similarly those subbies most likely wouldnt want to/have the experience to sit down and dream up a design of a room (or in this case, landscape).

          • Mr BoMBAStiG on 15/01/2024 - 16:23
            +1

            @Jimothy Wongingtons: Basically, found the top 3 in my area based on google/facebook reviews, galleries on their website/insta and the vibe I got from their About section. This lady even had a few articles written about her and the good she was doing ensuring gardens were drought proof and native (important to me).

            I would have thought a landscape designer would have been far more technical and want to solve issues like drainage and ensure built cost fits my budget; she didn't even ask my budget btw.

            • pharkurnell on 15/01/2024 - 16:30
              +4

              @Mr BoMBAStiG: So she does top notch work, gets god level reviews, knows her shit… your complaining about $300….?

              Obviously her time is valuable, you could probably have got Chicka from the pub to come down and give you some shit ideas, and do shit work for free.

              Good luck if you want her to do the work.

              • Mr BoMBAStiG on 15/01/2024 - 16:44
                +1

                @pharkurnell: Half of the US think Biden is doing top notch work and I am sure Albo gets god level reviews from a few million people. Does that mean I think they are the bees knees and want them in charge?

                Reviews and past work mean others are happy and might get you in the door but is it crazy if it turns out her way of doing things isn't my cuppa tea?

                Cooling our jets for a sec, my post had nothing to do with her design ability and if I want to employ her. Plus, I have said already that I would have been happy to pay the $330 if advised about it beforehand.

            • Jimothy Wongingtons on 15/01/2024 - 16:48
              +2

              @Mr BoMBAStiG:

              This lady even had a few articles written about her and the good she was doing ensuring gardens were drought proof and native (important to me).

              Who were the articles written by though? Too many times you see articles about a new restaurant, or product pop up on news sites or others which pour over how awesome/ game changing this thing is…and you sit there and go ..hmmm has this been incentivisedddddd?

              Didnt ask about budget

              Big yikes hey - some trees (especially established ones) are literally hundreds to thousands of dollars (like Foxtail Palms). I'd like to think she has a tiered package depending on budget, cant afford X shrub (2-3 years old)? How about Y shrub (18 month old), or Z shrub (sapling).
              But from the sounds of it..no lol

              About section.

              I reckon many contractors/business dont spend enough time on this section or make it too generic.

              Anyway wishing you the best!

  • orangetrain on 15/01/2024 - 14:43
    +9

    Send an invoice for $330 for the "1 hour visit" she did at your house.

    According to some comments here, she should have asked you upfront or saw a "free visit" sign to know you were going to charge her.

    • Mr BoMBAStiG on 15/01/2024 - 15:54

      Hahaha yes! That is actually a great idea. $330 per hour to visit my house; we can just call it even?

  • holdenmg on 15/01/2024 - 15:23

    I just want my $330…
    (taps foot)

  • Sye on 15/01/2024 - 15:40
    +7

    Next thing they will be doing is charging for a quote to give a quote.

    /$

    • holdenmg on 15/01/2024 - 15:40
      +2

      Can I quote you on that? lol

  • JimmyF on 15/01/2024 - 18:08
    +2

    At no point on the call, in text messages, in person or on her website is there mention of a consultation fee for coming out to talk to us.

    I guess they never claimed free quote. But they should have advised your somewhere along the way of the costs before arriving.

    In the future, always use the words "free quote" when requesting these things. They'll soon tell you if it isn't.

    Am I right to want to challenge the $330?

    Sure, won't hurt.

  • elgrande on 15/01/2024 - 18:47
    +1

    Weird. Read your post 7 hours and 44 mins after you posted. Thought your username must have been dynamic..

    I'd be pissed, thats for sure.

  • Tily on 15/01/2024 - 19:16
    +4

    I had reached out to an actual landscaper recently and had similar experience regarding cost to quote. I was advised half way through the process that there was a charge for their time to visit site, quote and draw up design, etc. The cost would then be taken off the final quote if I went with them. It was a lot less than what you were quoted and would have had no issues to pay. But would have been nice if it was disclosed from the very start. Lesson learnt, I now ask if it’s free to quote.

  • DoctorCalculon on 15/01/2024 - 20:43
    +3

    Am I right to want to challenge the $330?

    Bloody oath!

    There was no written agreement for this charge (via text message or email) prior to her arriving at your site, was there?
    Tell her to produce the prior written acceptance of this charge before you will pay up.

  • oO0Dam0Oo on 15/01/2024 - 21:36
    +10

    A lawyer did this to us a while back following an introduction email and a quick follow up phone call nothing more. We decided not to go ahead with his services. Sent me a bill so I phoned up to query the charges. I stated there was no informed consent or agreement, no notice of fees. He cracked the shits and hung up on me.

  • infinite on 15/01/2024 - 21:39
    +4

    Don't even consider paying them a cent or respond to their invoice & block their company/mobile number. Mark their company e-mail as spam in your e-mail account as well. Never speak to them again.

    Problem solved.

  • TailsK on 15/01/2024 - 22:14
    +3

    I had some landscape design work done and they very clearly told me there was a charge up front. They sent full documentation that explained the process and the consultation fees (2 hour consult), along with fees for the next stages. They also detailed the outputs of the consultation (such as a brief, notes, and a simple sketch).

    I also have many trades people that comes out, that you have a conversation with, and they do not charge you.

    I'm assuming you've already checked that the website doesn't include any information about being charged for a site visit/consult.

    Either way, if it's not clear, I think you should say that.

    Lastly, $330 for a 40 minute meeting, with no outputs seems entirely unreasonable. I paid $450 for two hours, with outputs, from a business that has won many awards for the concepts (this was a few years ago though).

    • Mr BoMBAStiG on 15/01/2024 - 22:54

      Thanks for the response. Yes, double checked her website for any indication of cost or process.
      Your experience is the type I would have been happy with. Clear expectations and a reasonable value for money outcome.

  • justwii on 16/01/2024 - 01:16
    +4

    Name and shame.

    Even call out fees, as wildly accepted as they are, are always clearly listed.

  • adgnetworks on 16/01/2024 - 03:38
    +2

    Counter invoice $330 for wasting your time with generic feedback.

  • Assburg on 16/01/2024 - 04:55
    +6

    https://www.google.com/url?sa=t&source=web&rct=j&opi=8997844…

    Check out 3.2 of the above, there should be an agreement before any fees are charged.

    Now check out section 22 of the ACL, one of the paragraphs there describes a failure to comply with a code of conduct as a possible form of unconscionable conduct.

    Write her an email referencing quotes from both, tell her you're consequently looking for her justification for the fee considering it was basically a 330 call out fee with no design work done and the fee was neither advertised on the website nor mentioned in phone correspondence.

    Conclude with "at this stage we will be looking to proceed with a more transparent designer, thank you for your time."

    If she does send debt collectors after you, you've demonstrated that you have least attempted to negotiate with her and you are pretty confident you have the law on your side - it'd be more appropriate for her to then reply with a letter from a solicitor which… honestly, no good solicitor is going to advise this person to pursue this money.

  • Randolph Duke on 16/01/2024 - 06:32

    If they’re spent time drawing up plans then yes, I’d expect to be paying a fee for a quote. It’s not just the 1 hour consult, they then went home and spent more time. Poor form not to mention it, sure, but I wouldn’t expect someone to spend 2+ hours in person and drafting plans to be free.

  • RoweDizzle on 16/01/2024 - 07:24

    https://www.accc.gov.au/business/pricing/price-displays

    I think it loosely falls under section, "other surcharges or fees"

  • Hangryuman on 16/01/2024 - 08:44
    +1

    I would double check the online form and any paperwork you filled out for any fine print "agreement to pay"

    I got ripped off by someone like this - I asked for a price for an insect screen sliding security door - a guy came to measure for free quote and asked me to sign for the measurements - I did so

    when the quote came I considered it too expensive so I said no thanks

    the "boss" (son of the company founder) called me and said "you signed a contract so have to go ahead" - I said "I don't think so" - he said "see you in court" - total bastardry was his tone - so being younger and more ignorant I felt entrapped

    so double-check all that

  • notfrodo on 16/01/2024 - 10:33
    +4

    We are currently getting our landscaping done. The person doing it said that it will cost $250 for an initial consult. They came to the site and did pretty much what yours did. Told me that we need to level some of the land, will need retaining walls etc.
    At the end he said that if I am happy for him to draw up a plan, he would send a contract for me to sign. No up front payment needed and 3k after the plans are done.
    This is pretty standard practice for all good landscape designers. I think the issue with yours was the lack of communication at her end.
    Send her an email stating your concerns and see what she says.

    All landscape designers charge for every aspect of their work. It is only landscape designers who are also the build contractors that provide free consultation as that cost is baked into the construction costs.

    • Drakesy on 16/01/2024 - 15:20
      +3

      DW the OP has already made up their mind ;)

      But yes your experience is pretty standard, only difference it seems is the OP's landscaper failed to disclose the costs. Although there's two sides to every story.

    • Vallani on 16/01/2024 - 19:00
      +1

      Why would he bother sending her an email ‘stating his concern’? He should simply tell her that he was not advised of the fee upfront and therefore he won’t be paying it. It’s not his job to rectify her error.

  • anzacpaul on 16/01/2024 - 11:03
    +1

    If you were going to go ahead with her, I'd just say we'll take the job if you waive the consulting fee.

    Alternatively, you could be polite and just say you weren't aware that there was a fee, and as you weren't advised up-front, apologies and say you wont be paying.

  • jonkvh on 16/01/2024 - 11:21
    +1

    Just tell her that you did the meeting with her under the assumption there would not be any cost. Since she never mentioned a cost at the time, she can't force you to pay for the visit unless agreed to in prior agreement/conversation.

    btw, normally that fee she is asking for is built into the final price anyway. That's how most callout type of business is done.

  • Mrgreenz on 16/01/2024 - 12:25
    +1

    Sounds like a pressure sales technique to get the quote over the line.

    Maybe she will waive the consult fee if you take up the quote.

    Ignore IMO

  • Morphio25 on 16/01/2024 - 14:00
    +2

    Ignore the invoice and ignore any further attempts by the landscaper if they choose to follow it up. If they didn't specify that there'd be a fee before the onsite visit then you're not obligated to pay it.

    If he/she wants to take it further you have the SMS and/or email trail that shows what was discussed. Take a screen shot of any relevant parts of their website as further proof should it be required.

  • blorx on 16/01/2024 - 14:45

    I had the same. Best idea he could come up with was fire pit - and it's hot here most of the year. Had another 5-6 free quotes and they all gave more information than the guy wanting to draw up designs charge for meet and thousands to design. All I wanted was to chat about ideas. I have no issues paying for peoples ideas/time but he was pretty pathetic. All pricing was stated up-front though and their previous work looked nice, they just gave no indications of whether I'd like the product without forking out thousands.

    • Mr BoMBAStiG on 17/01/2024 - 19:59

      Good to hear I'm not alone. I'm sure if any of them put something together without our input it would be good and I'd probably like it if I was buying the property after the work was already done.
      However, I'm going to pay about $100k for the work so I'd want it to my tastes and needs, with her influence.

  • curtturtle on 16/01/2024 - 15:00
    +5

    Consumer Law says "If a service provider charges for a call out fee or for providing a quote, you should be told of the cost beforehand. If you are not made aware of the cost, you do not have to pay."

    https://www.commerce.wa.gov.au/consumer-protection/getting-q…

  • Dan_ on 16/01/2024 - 17:45
    +5

    Send her a bill for a $330 administration fee for having to search for the unlisted consultation fee.

  • RolandWaites on 16/01/2024 - 19:47

    $330 for an hour! What is she, a neurosurgeon?

    Tell her that's a crazy amount and offer her $35 like the rest of us get.

  • MrTruffle on 16/01/2024 - 19:53
    +1

    Just be careful as I had a dodgy carpet cleaning/drying place send me an huge bill for stuff they didnt do ($3k+), including a pick up fee to pick up the 1 dryer they deployed. (But they put in invoice 3 dryers)

    I told them. No way i'm paying this you charged me for stuff I didnt get and you cant charge a call put fee to pick up your equipment. I'll pay $1500 not $3k

    I kept doing this for 5 years (just saying send me the real invoice) and they sent me a court summons! I had since moved address. They won by default and I had to pay the fee + interest for the 5 years. Oh yeah and also i had a credit mark against my name and Amex cancelled my CC as soon as that happened.

    so be careful this person may try something similar where you're forced to pay or there's a claim against you etc.

    • Mr BoMBAStiG on 16/01/2024 - 20:37

      I would love her to try and take me to court!

    • vengeance88 on 16/01/2024 - 20:51
      +2

      Surely a court summons would be registered post with a signature required?

    • Ash-Say on 17/01/2024 - 07:56

      If you never received the summons because of change in address, why didn't you challenge the decision?

      It appears to be your fault for accpeting it and ruining your credit history.

    • jonkvh on 18/01/2024 - 08:13

      Who was the company that took you to court?

  • Devaust on 16/01/2024 - 20:52
    +1

    Many here haven’t said this tip. Email her in writing. Ask her to provide you proof of cost agreement PRIOR to her coming to your house. Also advise her you’re seeking and reporting this ‘incident’ to ATO & ASIC. Reason is she should be operating under an ABN even as a sole trader. Reporting her for potentially fraudulent business behaviour is a big deal. As s consumer; you can also look at: https://www.accc.gov.au/business/selling-products-and-servic…

    On top of all of that advise her you’re seeking community legal advice next step for a solicitor and she could be liable for your legal costs especially if she chose to pursue this further.

    • nwa on 16/01/2024 - 21:20

      I think it's better just to ignore and write an honest review to make everyone else aware of this charge and practice.

  • furyou on 16/01/2024 - 21:19

    He had the same experience with some guys in Sydney for Range Hood install. Send them a request for a quote and I send them all my space measurements and I even sent them a few fancy models and asked them if they could install them. A woman calls back and tells me they'll send someone over to do measurements and they book me in the time. At no point did they mention any cost for the consultation.

    When I read some reviews somewhere that someone was slapped with $200 consult fee. So called back and asked if there was a fee for the visit and indeed there was. But there would be refunded if we went ahead with the job. The problem is there were the specific models that I didn't know if they could be installed in my place because of the lack of roof access for new ducts. Obviously this was mentioned all in my very first message and there was no guarantee they could deal with this brand. I explained this to the woman again and let's just say she was more keen to get the consult fee than listen to my words.

    I think a lot of businesses feel like they are entitled to fees like this. Maybe they have so much business they do not want new business? But really should have been disclosed up front as it is not standard business practice.

    • nwa on 16/01/2024 - 21:25

      It's a classic dishonest tactic some business use, but less now in the digital age of reviews. The fees is all they are after and install could be a bonus, especially if it's not much more than the fee can entice the customer to just pay the extra and have the job done.

  • THICKnSLOW on 16/01/2024 - 21:45
    -5

    Wow, judging from all the comments and votes in this thread, landscape designers hold no value in their expertise and knowledge at all, and therefore no price should be paid for their time whatsoever. In that case landscape designers should just go get a job at bunnings, free advice everywhere because free.

    • lookingforTV on 16/01/2024 - 22:24
      +7

      It's not the level of expertise or skills that matters here. The obligations of informing prices and forming an agreement before providing goods and services fall on the business. That's ACL. The landscape designer in the OP's post failed to do so and expected the payment - that's the issue here.

      I see some people arguing that the OP should have not assumed that a visit and drafting a quote is free. That argument is weak because the opposite assumption can be made as it is common for businesses to absorb the costs associated with such activities in their expenses as part of their lead/revenue generating.

      The choice of utilising her service was taken away from the OP (well, is being tried) when the charges were not made known and clarified to him - both unethical and against ACL.

    • CocaKoala on 18/01/2024 - 10:16
      +1

      It was pretty clear to me the op has no problem paying for the consultation. The problem being discussed here, which you seem to have completely missed is that the landscaper didn't disclose at any point about a fee for them to come and consult.

  • hypie on 17/01/2024 - 00:52
    +1

    I don't know why you are bothering replying to some of the ridiculous comments.

    There is nothing reasonable here and I think the fee deception alone is enough to encourage you to run.

    First call was a sales call, trying to win your business. It has nothing to do with her profession or capabilities.

    • Mr BoMBAStiG on 17/01/2024 - 08:51
      -3

      I don't know why you are bothering replying to some of the ridiculous comments.

      You might play video games, I fish online.

  • mrvaluepack on 17/01/2024 - 06:34

    Why dont you call her and confront her about the $330 cost and say everything that you've mentioned in this post, eg: not fair, not stated, etc. and see what her response is. Im curious to know whether this is now the norm because ive had plenty of designers, tradies show up and spend a couple of hours quoting and never got charged.

  • oneone001 on 17/01/2024 - 06:50

    Did you try saying " but didn't we agree on $50 fee " ?

  • windrc on 17/01/2024 - 07:58

    send her an invoice of $500 for wasting ur time

  • serpentxx on 17/01/2024 - 10:27

    Yea nah, unless the website stated it or the landscaper stated it before beginning it they can bugger off, you filled out a web form, didn't sign anything so i doubt its any sort of legally binding.

    If they decide to update their website any time soon, take a snapshot of their website today using archive.org

  • Peaky on 17/01/2024 - 11:52
    +1

    If it was like $50 I'd probably just pay and move on but $330 for a non-technical discussion is busted, hell no don't pay that.

    While this hasn't happened to me yet, I've had a couple tradies try and sting me for extra fees after works were completed and quotes were agreed to.

    • howcan on 17/01/2024 - 14:03
      +3

      If it was like $50 I'd probably just pay and move on

      Send money to move on from someone trying to scam you!? Good lord, grow a spine!

      • Peaky on 17/01/2024 - 16:11
        +2

        I mean I wouldn't pay the $330 in a million years so maybe I just need some calcium.

  • thamps on 17/01/2024 - 13:46

    without any worries - Ignore the fee. if they even dare to take it up in court - go ahead, as you'll win. As long as no written communication was done or a contract signed, there is absolutely nothing.

    You can always also argue that the 'so-called' consultation was a scam and no official reports to the customer satisfaction was provided. You can counter with a $5 fee if really required :)

  • GourmetFoodie on 17/01/2024 - 15:01
    -4

    I think both sides are at fault here.

    She didn’t make it clear that the consultation would come at a cost but also it was naive on your end to think that someone spending 1 hour of their time giving their professional advice would be free. You should have checked the process and fee structure before having her come out to your house.

    I’ve engaged a number of landscape/garden designers before and what occurred is absolutely common practice. Not sure how well known she is but that fee is definitely around what I’d expect to pay for someone with a bit of a name and certainly proven experience…so I don’t think she is exactly ripping you off either.

    If I was you I’d go back and say I’m happy to pay for your time for the consult but I’m only prepared to pay 50% given you didn’t make it clear upfront that I was going to be charged.

  • curtturtle on 17/01/2024 - 15:26
    +1

    Legally you are in the right to say no I am not paying.

    Please do come back to us with an update. I am super keen to see how this all plays out.

    • Mr BoMBAStiG on 17/01/2024 - 18:31
      +2

      Will do. I'm going to ignore her to start with. The invoice is due 19 Jan so will see what happens then.

  • Bec-a on 17/01/2024 - 20:13

    Ignore it, she should have told you how much a consultation was going to cost.

  • Davelovesdealz on 18/01/2024 - 09:59
    +1

    0% chance I would pay this

  • CocaKoala on 18/01/2024 - 10:23
    +1

    I'd ignore her but write a honest review about the experience.

  • Sammy Boi on 18/01/2024 - 11:02
    +2

    If it wasn't specified ignore it into anybody same time is money blah blah blah this is common practice no it's not. What world do people telepathically agree to pay hundreds of dollars for something that was never stated. Some of the lunatics defending the landscaper need to be launched into space

  • Arkmech on 18/01/2024 - 13:49

    If it wasn't specified, or agreed prior to the chat then there is no obligation to pay.
    I'd challenge the business to provide evidence that you agreed to pay $330 for the "consultation".
    No need to ignore the business. Just message them saying that you would not be be paying and you find it highly unprofessional for a business to send you an invoice for an amount that was never agreed or approved in the first place.

  • Mr BoMBAStiG on 29/01/2024 - 22:53
    +2

    Update 2 weeks later:
    I ignored.
    She emailed asking me to make the overdue payment.
    I politely asked her to provide a copy of the prior notice I was given that outlined the invoiced cost.
    She wrote back simply saying it was on her website, no links given.
    I went back to her website and clicked around more and after a few minutes found a page that did specify the charge in question. It wasn't in an obvious place (in my opinion) and certainly wasn't on the About, Gallery or Contact pages which are the only pages I visited on her site before I called her.
    So the question is now, is it my fault for not finding this page?

    • kiitos on 29/01/2024 - 23:49
      +1

      Maybe check the Wayback Machine (https://web.archive.org/web/20240000000000*/Ozbargain.com.au) to double check that it wasn't recently added in response to this?

      And how specific is it mentioned? A vague "there is a charge for initial consultation" or a specified rate and time?

      • Mr BoMBAStiG on 30/01/2024 - 09:56
        +1

        Good thinking. Wayback confirms it was there during all last year.
        Very specifically outlined as a specific $ rate, time and inclusions. If I had seen this page before I engaged her, I would have zero issues and would definitely be on the hook to pay.

        I think I'll push back once more and if she insists I'll just pay. She doesn't seem to be dodgy just operating under the assumption that everyone knows they should pay for every minute she spends thinking about them.

        • holdenmg on 30/01/2024 - 10:33

          So… if it wasn't on About, Gallery or Contact what pages was it on…

          Was it on Terms and Conditions or what?

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