Can I cancel the agreement?

Questioner

A gardener quoted an amount via the app for placing a fence and the associated pruning of a hedge. Verbal agreements were made about the term: within 2 weeks in connection with seasonal pruning. After some explanation by telephone, approval was given via the app within 8 days. Then there were 2 promises of scheduling an appointment and calling back, but nothing more was heard. Also no response to repeated attempts (leaving a voice message and app messages), the man did not respond. After weeks of waiting for a sign of life, we concluded that the gardener would not carry out the assignment and was too late for the seasonal pruning anyway. That also destroyed the trust. Now, 6 weeks later, the gardener unexpectedly comes with a proposal for an appointment. We explained that we had not counted on him anymore, did not want to continue with him due to his neglect and had looked for another solution. Now the man wants to hold us to the agreement. He says he has ordered the material and still wants us to pay for those costs. He wants to go to court with this. We find this very unreasonable as the man did not keep his promises and did not respond to calls. In addition, the man reacted very rudely and even aggressively. He also says that he will not do it again. What are our chances of losing the case? No payment was made in advance.

Lawyer

Normally, you will first have to put the other party, who does not perform on time, in default before you can terminate the agreement. This may not have been necessary here, since it involved seasonal pruning, but that also partly depends on what exactly you agreed and in what way. The latter can be difficult to determine based on your (general) information. In any case, it is relevant whether you also communicated that you had terminated, because you must explain that to the other party. If the other party was not aware of the termination, they may have a point if they state that they knew nothing about the termination and were under the impression that the agreement still had to be performed. If you would like to discuss this, you can call me without obligation (06-30575754).