Pest control

So my husband and I bought a house 2months ago. With all the fees that were paid, part of it was to pay for termite spraying. We closed the deal on the house in March so far we STILL have not had anything done. The company is a mom and pop that was hired by the sellers to spray. They have constantly cancelled appointments and then two weeks before we moved to the house in MAY my husband told them to finally just wait so we could check out the house and the damage. We called them after we got there and left them a message to call us. Almost a week went by and nothing. Finally at this point my husband was upset and told them to give us the money for the spraying and we would go elsewhere. The company told us that we could not have the money since we didn't hire them and now we have no one spraying still. So the question is can we sue them for the money so we can finally get our house sprayed. Oh and my fav part is that they say while no one was around they sprayed around the outside of the house already. Well of course there is no proof of this and there are termites crawling all over the soil. Anyone know what we can do?