Backing out after paying a deposit?

[rebelcowboysnb]

Heres my take on it. You gave him an offer for a product at a set price by a set time. When he paid the deposed that became a contract. Unless you have papers stating that he agreed to a new price or delivery date when he changed the design you are still to meet that delivery date. If you fail to meet the delivery date or the delivery price without proof you both agreed to a change in contract he has the right to a full refund. The court will see you as being in breach of a verbal contract. You may be able to get him charged for something because of all the bickering but that has no affect on the original contract.

 

[Goose and Fig]

Quote:
We didn't have a set time- just an estimate. I told him give or take depending on the weather. And we told him you can have it before 6 weeks if you get your own shipper. Our guy doesn't come through unless he has a full load- it's part of our carbon offset program.
We are artists- not Pottery Barn

Some of our orders take months- and many customers see the progress and add on additional pieces. We had one lady's dining table for a year. She ended up with an entire house worth of furniture.
When you have time to get to know your customers- you can make their commission all the more personal. I've had more than enough communication with this guy. The only thing I can think of for him is a straight jacket.

 

[rebelcowboysnb]

You have the burden of proof. Can you prove that he could not have thought it was a maximum delivery date. Without a contract in writing you will have a hard time proving you were not in breach by being late. Also offering different shipping options at a different price to make the original date hurts your case. If you cant make your date then give him the refund an next time make a contract that give you the right to be as flaky as you need to be. Without it being in writing most judges will give him his deposit back. Reason for the dispute will not change that much.

 

[Goose and Fig]

Oh yeah- I have tons of emails. We finished the first piece in a week- except for the antique wheels I was still trying to locate. The same day he was freaking out because we hadn't started his console. He was informed at the beginning that there were 2 people ahead of him, and it was just an estimate. I never give anybody an exact date.
The shipping with his choice of carrier wouldn't have changed the price of his stuff. That's completely separate. It was one of his bi-polar moments when he was happy and decided to wait for our driver. Then he got all paranoid and changed his mind again. I swear it's like Jekyl and Hyde!

Check this out- I had to leave the really vulgar part at the top out:

1) We will (obviously) file a complaint with paypal.
2) We will formally complain to the attorney general in your state. You are acting fraudulent and dishonest.
3) We will contact all state agencies in your state that regular interstate commerce and inform them of your endless delays, lies, insults, and excuses. This will lead to investigations and audits.
4) I will file complaints the better business bureau (though I am sure you dont care since "better business" is not your thing. You prefer being a thief).
5) I will contact the IRS about your work as I suspect you are operating a cash business (you said as much on the phone) which will likely trigger an audit. You will need an CPA to answer an audit. I will do the same with the state tax agency.

but most importantly:

4) We will sue you and your husband and your little business. You will need to hire an attorney to answer the lawsuit and the numbers will go into the thousands if not tens of thousands. We will sue you for fraud, breach of contract, and attorneys costs among other things. You will lose the lawsuit.

If you would like to be bankrupt in less than a year, and you want your nice lives turned into a legal nightmare that you cannot afford, you will play hardball with me. We have attorneys on retainer and they have an office in your state. For us to file means I make one call for 5 minutes. Nothing will make a happy family more depressed than having to answer a lawsuit. The fact is, I dont believe you have done any work. I dont believe you are real. I think you are criminals who prey on innocent people on the internet like us. Yes I am trolling, because you are lying. And that ends now.

You should sit down now. And think carefully. Do not send me back an angry hasty email, or I assure you, it will be a decision you wish you never made. We are willing to work with you to refund our money, you can pay us $100 a month or something. But if you refuse to refund our money, you better contact your lawyer now as this is going to turn into a real mess.

Just because he didn't want to wait ONE MORE WEEK!​

 

[rebelcowboysnb]

Without a written contract saying otherwise he can do everything that it says he will do. As for the lawyer on retainer..... My brother has one just like they described. Cost him $5 out of every paycheck. So suing you may not cost him a dime. If he does what will it cost you?

 

[debilorrah]

I'm sorry. Any judge can see that this individual is off his rocker. Business takes place all the time without a contract. This guy is a whack job. Threats are not going to get him a win in court. More than likely the courts will see right through him, if they are not already AWARE of him anyways!!!!

ETA: My landlord sued me for fleas - he judge made HIM pay ME.

 

[scbatz33]

"I dont believe you are real."

My favorite line. Honestly, if you have weeks or months of emails like this, you won't have a hard time proving your case. Very simply, this person paid a deposit on a job. He then cancelled the job after changing his mind several times(according to you). As long as you can document all of this, you are in good shape.

It is my experience, the court system tends to be reasonable when settling these types of issues. You may have to pay some of the money back, but your time and materials will be considered, especially with emails proving a)he kept changing his mind and b) that you notified him of the delay due to weather and c) he could have his order sooner if he chose a different shipper.

I have had my own business and dealing with crazy, never-satisfied customers is par for the course. Documentation is the only way to CYA in these sort of things.

Good luck.

And seriously, doesn't anyone watch Judge Judy? The People's Court. This is small claims 101. No brainer.

 

[rebelcowboysnb]

Even if he shows up in court in a space suit the judge will want proof that failure to meet that date could not have been seen by him as a breach of contract. You would also have to prove that he new that the deposit was non refundable.

But if it was me I would be more worried about what this thread was doing to my future business than I would be about the deposit.

Even walmart gives the loony's what they want to go away. Why? Long term it pays off.

 

[Katy]

Quote:

 

[MagsC]

Wow. It sure takes all kinds huh?

I dont understand why waiting an extra week or so after changing his mind about the item several times would be such a big deal.
Plus the snow storms delaying things.
It sounds to me like you were being more than reasonable.
He sounds like a real piece of work, sorry you are having to go through this.