What To Know If A Moving Company Breaches Contract
- American National Movers
- 3 hours ago
- 5 min read
The Better Business Bureau and the FMCSA get hundreds of complaints each year regarding contract changes with movers and alleged bait-and-switch practices. Many consumers who hire movers claim the movers breached the contract by failing to honor the long distance moving costs or the estimated delivery window. If you find yourself in a dispute with your movers and you believe they are in breach of contract, this article will help guide you.
What Counts As A Breach of Contract With Movers
If your estimate is not binding and you did not pay for a guaranteed delivery date, a mover changing the price or taking longer than usual to deliver your things does not constitute a breach of contract. Here is what to know:
Estimated Contract
If your estimate is not binding, your movers legally have the right to change the quote you previously agreed to. Many consumers view this as a bait-and-switch practice, which can be true in many cases, but sometimes an estimated cost increase can be legitimate. The bottom line is that an estimated contract can be changed regarding price, and it will be hard to argue breach of contract if you signed a contract that's estimated based on volume.
Binding Estimates
If you hired movers and signed a binding estimate, the moving company generally has to honor the price, and if they don’t, they may be breaching the contract. However, with binding estimates, your inventory must be accurate, otherwise the movers can change the rate without being in breach of contract. If your inventory was accurate and your movers changed the binding estimated costs, then they are breaching the contract.
ETA Delivery Windows
If your long distance movers miss the estimated time of arrival for delivery, this does not constitute a breach of contract. An estimated time of arrival is just an estimate, and the movers may arrive earlier or later due to factors beyond your or the movers' control.
Bait and Switch Moving Practices
A bait and switch is when a mover intentionally closes your deal at a low price to get you to sign the estimate, with the intention of raising the price later. Most often, they do this by deliberately underestimating your cubic feet or weight on the original quote, then "revising" it on move day once your belongings are loaded and you're out of options.
While this may seem like you’re being scammed by movers, it doesn't constitute a scam. However, it does equate to a deceptive business practice. If you find yourself in this scenario, you have two options: cancel the move and hire last minute long-distance movers, or agree to the new charges. Keep in mind that if you agree and sign for the new charges, your legal options will be limited since you accepted the price and the service.
Guaranteed Delivery Dates
If you pay a long distance moving company for a guaranteed delivery date and they do not arrive by the promised date, this may constitute a breach of contract. In the event a guaranteed delivery date is not honored, your long distance movers must provide a remedy. If the remedy is not satisfactory to you, you have the option to seek arbitration or civil litigation.
Your Options If A Moving Company Breaches Contract
If a mover does not honor the contracted terms, you may have a case — but many consumers find that seeking compensation or legal action is too lengthy and, in some cases, costly. This is why it's important to hire reputable long-distance movers in the first place, to avoid the hassle of contract breaches and lawsuits. If you do find yourself in a dispute, here are your options:
Document everything.
Keep your signed contract or estimate, your original inventory, photos, and a record of all communications, names, and dates. This information will be useful if you plan on going to arbitration or seeking legal action at civil court.
File a complaint with the FMCSA.
For interstate moves, you can file through the FMCSA's Protect Your Move website or call 1-888-368-7238. Federal regulators have authority over interstate movers. However, keep in mind that an FMCSA complaint is a logged complaint and generally does not resolve most disputes with movers. In some cases, an FMCSA agent will contact the mover if the mover is holding your belongings hostage for more money.
Contact your state attorney general's consumer protection office.
State-level enforcement is often faster than federal for these disputes. However, this action doesn't always remedy the dispute with movers unless the moving company has several complaints filed against it.
Request arbitration.
Federally licensed interstate movers are required to offer a neutral arbitration program, which lets you resolve disputes over charges or loss and damage without going to court. An independent third party reviews both sides and issues a decision that is usually binding on the mover. It's faster and far cheaper than a lawsuit, and you don't need an attorney.
Civil action (last resort).
If arbitration doesn't resolve the dispute or doesn't apply to your situation, your final option is to sue the mover in civil court. This is where the documentation you saved is important — your contract, inventory, photos, and records are your evidence. Civil action can recover what you're owed, but it's the slowest and most expensive route, often requiring an attorney, and there's no guarantee of the outcome. For that reason, most consumers only pursue litigation when the amount in dispute is large enough to justify the time and cost.
How To Take Movers To Arbitration
If you prefer to dispute charges, delivery, or damage disputes with your movers via arbitration, here is how to do it:
1. Find The Arbitration Details in Your Paperwork.
By law, your mover must include information about its arbitration program in your contract or moving documents. If you can't locate it, request it from the company in writing.
2. Submit Your Dispute in Writing.
Contact the arbitration program named in your paperwork (movers generally use a third-party service) and file your claim, including your contract, original inventory, photos, and records of communication.
3. Pay The Filing Fee, if There is one.
Arbitration usually involves a small fee — far less than court costs — and in many cases the mover shares or covers part of it.
4. Present Your Evidence and Await The Decision.
Both sides submit their cases, the arbitrator reviews them, and issues a ruling that the mover is generally required to honor. Arbitration isn’t ideal for every situation, but for the average consumer, disputing charges or a breach of contract via arbitration is usually the best balance of cost and speed without needing to hire a lawyer.
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