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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I live in CA 95757 (Elk Grove). I met a landscape contractor

Customer Question

i live in CA 95757 (Elk Grove). I met a landscape contractor and finalized the estimate for the work he was supposedly to start on 16th of July. Upon further research i found he was charging almost 40% higher than other contractors for the same job. So i have asked him to refund the deposit and not move ahead with the work. He took 1000$ as a booking deposit for reserving 16th July date as start date for the work. We have not yet signed a formal contract.
My question is, am i entitled to complete refund?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question and thank you most kindly for requesting me to assist you today. I will be happy to do so.
To answer directly, unless the agreement stated that you are entitled to a refund, any deposit by default is deemed to be NON-refundable. There is an assumption for most that a deposit has to be returned--that is only true if there is a law that so requires or if the contract so states (or the parties agree to the refund). But there is no law in California that requires a refund, so you'd need to look to the language to see if the refund is actually refundable. So at least going by the current very limited facts, if there is nothing in writing, you are generally not entitled to a complete refund. I am sorry!
Sincerely,
Dimitry, Esq.