Five guides · Guide 5 of 5
Guide 5 · Paying for lawn careConsumer rights for lawn services
Services normally bought for personal or household use come with consumer guarantees under the Australian Consumer Law, among them that the work is done with due care and skill and is fit for any stated purpose. If a lawn round worth more than $100 is sold to you at your door or over the phone without your asking, you also get 10 business days to change your mind.
General information, not legal advice. These are national rules, explained by the ACCC; the ACCC’s pages, and in the ACT Access Canberra’s, are listed at the foot of this page.
The guarantees that come with a service
“Consumers automatically receive these consumer guarantees when they buy goods and services,” the ACCC says, and “It is unlawful for businesses to mislead consumers about these rights.” Three of them bear most directly on a lawn service.
| Guarantee | What the ACCC says it means |
|---|---|
| Due care and skill | “Service providers must carry out all services using an acceptable level of care and skill.” The work “must be at least as good as what a competent service provider with average skills and experience would provide.” |
| Fit for purpose | Services, and any products that result from them, “must be fit for any stated purpose.” This applies when you tell the provider the purpose you want the service for, when you buy it on the business’s advice, or when the provider advertises that it can be used for that purpose. |
| Timing | The ACCC says what counts as a reasonable time for a service can depend on the nature of the services, weather conditions, which matter for outdoor work, and the availability of parts or materials. |
A warranty is something else. “Warranties are extra promises that a business can choose to make on top of the consumer guarantees,” while the guarantees themselves “are automatic and can’t be taken away.” The terms and conditions of a contract can’t take them away either.
If the work falls short
- The business
Contact the business that sold the service and explain the problem.
- The remedy
If a service doesn’t meet a consumer guarantee, you can claim a remedy. Depending on the situation it may be a repair, replacement, refund or cancellation, or compensation for damages or loss.
- Ending the contract
The ACCC says you can generally end a contract without being charged if the business said anything false or misleading about the goods, services, terms or conditions; if a service has not met a consumer guarantee; or during a cooling-off period.
- Further steps
If the business doesn’t resolve it, there are more steps you can take, and anyone can report an issue under consumer law to the ACCC. In the ACT, Access Canberra is the first point of contact for advice or to raise a complaint about a business, product or service.
A mowing round sold at your door
The ACCC’s unsolicited selling rules apply when a salesperson approaches you without being invited, the negotiation happens by phone or somewhere other than the business’s premises, and the agreement is worth more than $100 or its value wasn’t known when it was made. Below $100, the rules don’t apply however you were approached.
At the door
Door-to-door salespeople may only visit on weekdays between 9 am and 6 pm and on Saturdays between 9 am and 5 pm, and not on Sundays or public holidays. They must tell you their name, the name and address of the business they represent, and why they are visiting, and tell you upfront that you can ask them to leave at any time. If you ask, they must leave straight away, and the business cannot contact you again for 30 days. A “do not knock” sign counts the same as asking them to leave.
On paper
If you agree, you must get a written sales agreement: within 5 business days after a phone call, or straight after signing if you sign in person. It must include the full terms and conditions; the total cost including GST, or how the cost will be worked out; any charges for postage or delivery; the name and contact details of the salesperson; the business’s physical address, email and fax (if it has one) and its ABN or ACN; and cooling-off information, with a form you can use to cancel.
The cooling-off period
You have 10 business days to change your mind, starting the first business day after you sign or receive the agreement, and you can cancel for any reason without being charged. During that time, other than for electricity, gas or emergency repairs, the seller can’t supply any services and can’t take payment for any products or services. A mowing round is a service, so on that rule the mowing itself can’t be supplied in that time.
To cancel, you simply tell the seller, by phone, in person, by post, email or fax, or with the form in the agreement. The seller must immediately return any money you have paid, and must not pressure you to change your mind.
Break the rules and the period stretches. It becomes 3 months if the salesperson phones or visits outside the allowed hours, doesn’t give their name or the business’s name and address, or doesn’t say why they are calling or visiting. It becomes 6 months if they don’t tell you about the cooling-off period, don’t give you a written copy of the agreement, leave out required information such as the cancellation form, or supply products or services during the cooling-off period (other than electricity, gas, emergency repairs and products under $500).
Spraying is a service too: who may spray your lawn sets out the licences behind it, and the mowing noise guide covers the hours the work may be heard.