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QUESTION

As the owner of Town amp; Country Landscaping, you must refuse the following request. and Mrs.

As the owner of Town & Country Landscaping, you must refuse the following request. Mr. and Mrs. Paul Alexander have asked that you replace the landscaping of the home they recently purchased in Okotoks. You had landscaped that home nearly a year ago for the former owner, Mrs. Hunter, installing a sod lawn and many shrubs, trees, and flowers. It looked beautiful when you finished, but six months later, Mrs. Hunter sold the property and moved to Summerville. Four months elapsed before the new owners moved in. After four months of neglect and a very hot summer, the newly installed landscaping suffered.

You guarantee all your work and normally would replace any plants that do not survive. Under these circumstances, however, you do not feel justified in making any refund because your guarantee necessarily presumes proper maintenance on the part of the property owner. Moreover, your guarantee is made only to the individual who contracted with you—not to subsequent owners. You would like to retain the goodwill of the new owners. Since this is a newly developed neighborhood, you hope to attract additional work here. On the other hand, you cannot afford to replace the materials invested in this job. You believe that the lawn could probably be rejuvenated with deep watering and fertilizing.

Your task: Write to Mr. and Mrs. Paul Alexander, 3318 Clearview Drive, Okotoks, AB T6S 2X0 refusing their claim. You would be happy to inspect the property and offer suggestions of the Alexanders. In reality, you wonder if the Alexanders might not have a claim against the former owner for failing to maintain the property.

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