Delaware

When I bought my house, I decided to get a new bedroom set.  When this set was delivered, it sat in the house unopened until a week after I moved in. I finally got around to taking the shrink wrap off of my armoire.  When I opened it and pulled one of the shelves out to place on the floor, I noticed a 1-1/2 inch cockroach jump off the shelf.  Needless to say, I was horrified at the size of the thing.  I killed it and keep it in a jar for the pest control guy.  I called Terminix immediately at their 800 national toll number.  I told the guy my situation, and he said he could set up for someone to come out and spray and then they would come out every quarter afterwards for the same thing.  I told him at the time that I only wanted a one-time service and would look at any information to consider further service when the tech came out.  No one contacted me the following day or came out, so I called my local office and they set someone up to come out.  They did not inform me at the time of any charges, so I assumed it would be the same as the 800 number.  The day the tech came out, I was unable to get off work so my aunt let the guy in to spray.  She let him in and the tech called me on the phone and stated that he does not think that the roach layed any eggs and there were no other visible signs of any other pests at that time but he had sprayed just in case.  My aunt signed the paper for the service believing it was only for a one-time charge.  When I came home and looked at the papers, I called Terminix.  They say they have a pest control agreement with my name on it signed by my aunt and that I am legally bound by the contract.  Now I’m no lawyer but I don’t believe I would have to pay for the services thereafter.  My reasoning on this is that my aunt has no written authority by me to sign for any services to the house in which I own.  Do you believe that I would be legally responsible for this contract for which Terminix says they have a signed contract by her (they will not fax me a copy) or will they hold her accountable?

Terminix says they came out again in October, but I saw no service tech. I am unemployed and home all day as is my aunt.  They sent me a bill for such services.  If I was not to pay the bill, could they turn me into collections?  Or do I have an option of giving 30 days notice paying up to date and not being further obligated to do business with them?  I have attached a copy of their terms and conditions.  Under number 4 it states that “a failure to pay such charges shall cancel this Plan in its entirety and discharge Terminix of any liability.” Last but not least, I did talk to them on the phone about the situation and explained my story and told them when I had set up for my free termite inspection they never showed.  So she set a new date and a guy came out. I signed under purchaser on this paper. Does this make me legally bound?

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If you have been wronged by Terminix or another termite company, you don't have to fight alone.