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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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My daughter wants to open a nail salon. She met with someone

Customer Question

My daughter wants to open a nail salon. She met with someone wanting to sell theirs. She gave the owner a deposit and the owner signed a letter stating that they would refund the deposit should the leasing company decline the application.
30 minutes after the meeting the owner called and said that there were complications and then also said she would not be returning the money. Then she called back and said she'd everything is okay and we'd wait until the meeting on Monday with the leasing company.
Today she called and said it did not matter what the landlord would say, she will not return the money. She signed the document saying she received the money and would return if the landlord did not agree in front of my daughter and her boyfriend, myself and my wife, and the owner's brother.
Because of this turmoil and seeming dishonesty we don't want to do business with her. We told her at the end of the conversation we would contact a lawyer. Advice?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and welcome. The owner of the salon would be bound by the verbal agreement to return the deposit if the leasing app is denied. However, just as the owner is bound by the contract so is your daughter. This means your daughter cannot rescind the contract simply because the owner seems dishonest. She will have to wait until the leasing app is denied. Assuming it is and the deposit is not returned she would have a breach of contract claim at that time, but not until then.
Expert:  Patrick, Esq. replied 1 year ago.

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