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Client will not sign contract

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janehim

Junior Member
What is the name of your state (only U.S. law)? CO
WE own a small wedding related business. Several months ago a potential client paid a $100 deposit to retain our services. We emailed her a contract and asked her to sign and return. A month before her wedding date, we had realized that she had not yet returned the contract. We began to contact her by phone and email to notify her that we needed the contract to perform services. She has claimed that she returned the contract, but we have not received it. We gave her our email and fax number so that she had many ways to get it back to us quickly. She keeps telling us she is going to send it, but we have heard that story before. Are we obligated to perform the service based on the intent of the $100 deposit? What is the name of your state (only U.S. law)?
 


swalsh411

Senior Member
No you're not obligated. There is no agreement for services without a signed contract. Give her X number of days to return the contract then give her the deposit back along with a "sorry we couldn't help you" note.
 

JETX

Senior Member
Are we obligated to perform the service based on the intent of the $100 deposit?
Possibly.

Some questions:
1) Did you refund her money to her since you claim there was NO contract?? If not, why not??
2) Did the contract have YOUR signature when you sent it to her or were you waiting for her return before signing??
If it had YOUR signature on it, then it is binding against you.
 

janehim

Junior Member
My name was printed on the contract but I had not yet signed the contract in the signature area since I was waiting for her to sign and return it to me first. We have been trying to give this person every opportunity to return the contract before having to decline services as she has been unclear if she she still wants to use our services or not. She has claimed that she mailed the contract, but she has not taken us up on faxing or emailing it back to us to ensure that we have it. I would gladly return her deposit to her and plan to do so this week, but I do not want her to make a claim that we no showed for her big day. We have been trying for about 3 weeks to get her to return this to us and now we are 1 week away from the wedding. We plan to send a certified letter explaining why we are not performing the service and issuing a refund to her credit card.(she has been made aware by phone and email that we will not be performing services with out a contract by today)
 

cyjeff

Senior Member
My name was printed on the contract but I had not yet signed the contract in the signature area since I was waiting for her to sign and return it to me first. We have been trying to give this person every opportunity to return the contract before having to decline services as she has been unclear if she she still wants to use our services or not. She has claimed that she mailed the contract, but she has not taken us up on faxing or emailing it back to us to ensure that we have it. I would gladly return her deposit to her and plan to do so this week, but I do not want her to make a claim that we no showed for her big day. We have been trying for about 3 weeks to get her to return this to us and now we are 1 week away from the wedding. We plan to send a certified letter explaining why we are not performing the service and issuing a refund to her credit card.(she has been made aware by phone and email that we will not be performing services with out a contract by today)
You may not have time for that.

Show up at the place you were going to mail the letter with the check and a couple of copies of the contract.

Tell the bride to pick one of the two.
 

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