Non refundable deposit

[AngieM]

Good day.

I paid a non-refundable deposit for a service (photographer). But the photographer failed to pitch because he said the terms and conditions state: a 50% non refundable deposit and booking form secure your date. During the days leading to the event we had good talks but he didn't show. When I asked he said you failed tom secure your date because my contract says you need to complete a booking form. The booking form is a contract. He says the contract is enforceable but because I did not sign it, I cannot get my money back.. Help.

 

[OHRoadwarrior]

It appears he is correct. What did you want help with?

 

[justalayman]

what sort of documents do you have concerning the deposit; receipt, contract, anything else?

He says the contract is enforceable but because I did not sign it, I cannot get my money back.. Help.

what contract is enforceable? and if you didn't sign it, why does the photographer believe it is enforceable?

 

[AngieM]

Hi OHRoadwarrior.

I needed help to understand how he is using this contract to benefit him. I had been in talks with him over the past weeks and the booking form was not mentioned although mentioned on the quote. He said to me that the contract is legally binding if two people sign the contract, otherwise it is void. Now he says to me, the same contract binds me...?

 

[AngieM]

Hi Justalayman.

I have in my position
1.the quote - which has the booking form as a state of contract between me and him, the amount of money needed.
2. The deposit slip.
3. An email from him acknowledging the deposit received.

I asked him why he says the contract is enforceable, if he says to me the reason he did not come was because I did not sign the contract. But he has cut all communication with me.

 

[Mass_Shyster]

If your jurisdiction has a small claims court, you should probably sue there. If not, you may want to hire a hit man, or do whatever is custom in your jurisdiction.

If you're in Massachusetts, and the guy's name is Jesse, you should contact the police. He's facing criminal charges.

 

[justalayman]

Is there anything in writing stating your deposit is non-refundable? If so, what would that be and if something the requires a signature, did you sign it?


Basically, what I am getting at is; unless he can show you engaged into a contract binding him which one of the terms being the deposit is non-refundable, there is a great possibility you have a claim for the deposit. If nothing else, on the basis of retaining a deposit such as he has is inequitable. He held your deposit in anticipation of entering into a contract with you. The contract was never reached. He did not act to his detriment due to the deposit since he did not show to the event and apparently, given his statement, never intended to without the signed contract. Therefor, he has no valid claim to the deposit.


to stevef:

I see what you did there

 

[TheGeekess]

Good day.

I paid a non-refundable deposit for a service (photographer). But the photographer failed to pitch because he said the terms and conditions state: a 50% non refundable deposit and booking form secure your date. During the days leading to the event we had good talks but he didn't show. When I asked he said you failed tom secure your date because my contract says you need to complete a booking form. The booking form is a contract. He says the contract is enforceable but because I did not sign it, I cannot get my money back.. Help.

US Law ONLY.

 

[AngieM]

Hi Justalayman

When I enquired about his services. He sent me a quote. The quote has a section with terms and conditions.

Point 6: a 50% non-refundable deposit and completed booking form will secure your date.

Page 2 contains the contract with a clause that says:"by signing this form, I agree that 30 days before the above mentioned date of the event, the initial 50% will be made, and no package product will be released or handed out to the applicant until the full balance is paid to the service provider".

I paid the deposit, we had multiple chats discussing the day of the event.. On the day of the event, when I called to find out where he is. He says to me he won't come because I did not sign the contract. I mention to him that he should then return my deposit. He tells me that he won't because the contract clearly states it's non-refundable. I ask him why he is using the contract against me since his reason for coming is that there is no contract???. Then dead end. No reply or nothing from him since then.

I told him that I did pay, he acknowledged the funds, but he is the one that did not show up. Not the other way round...

Thank you Justalayman

 

[justalayman]

So, you paid a deposit in anticipation of a contract that was never signed and in that contract it states the deposit is non-refundable under the specified situations.


If he won't return it, sue him.

Since you didn't take the hint others were giving you to provide your state, that's about all I can offer.