Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I own a small buisness, 2-person boutique book design firm,

and I've had a falling...
I own a small buisness, 2-person boutique book design firm, and I've had a falling out with a client who is now demanding a full refund of his deposit. We're clear in several places that deposits are non-refundable. We're not so hard-fast about that and have a project cancellation policy that assesses a cancel fee in the amount of the deposit or the time worked on the project at our regular hourly rate, whichever is less.
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: ohio. well, the deposit was made a couple of weeks ago, but draft delivery of our service was set for last friday. final delivery, because of the nature of the work, is never guaranteed. there's too much back and forth.
JA: Has anything been filed or reported?
Customer: in what way? i'm not sure i understand your question.
JA: Anything else you want the lawyer to know before I connect you?
Customer: i don't think so.
Show More
Show Less
Ask Your Own Legal Question
Answered in 10 minutes by:
10/14/2016
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19,845
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Legal Question
Customer reply replied 1 year ago
Other details:
The invoice he paid the deposit from had the following text:
Terms & Conditions
We require a non-refundable deposit to hold a spot on our schedule for all projects. This deposit will equal 50% of your total estimated invoice and will be applied to your final invoice as a credit.Once we both agree to move forward and a delivery date for a first pass on your files has been decided, we’ll issue an invoice to hold your date and consider the date booked once we have received payment. If the project reaches completion, the deposit will be applied to your final invoiced total. If you cancel the project at any time, for any reason, we will assess a cancellation fee in the amount of $85 per hour for the number of hours worked on the project to date, whichever is lesser.(Yes, a piece of the cancellation policy is missing there. Since fixed. See the full posted policy here: https://www.52novels.com/terms-and-conditions/)The reason for his dissatisfaction is that, due to unforeseen circumstances, we were unable to meet the draft delivery date (another client who monopolized my time unreasonably). We contacted all clients affected as soon as it became clear timelines would slip.

I have carefully reviewed your posts. However, I did not see a specific question. What is your specific question?

Thank you for your cooperation,

Ask Your Own Legal Question
Customer reply replied 1 year ago
In any case, I began to do the work for him in good faith over the weekend. He emailed me Monday expressing his anger. I replied promptly with an apology and indicated I needed additional materials from him.
Customer reply replied 1 year ago
Long story short ... am I on solid footing with assessing our cancellation fee?
Customer reply replied 1 year ago
refunding the difference.

Thank you for the information.

Yes, you are since you have already started the work. You would charge for hours already spent on the project and refund the difference.

Ask Your Own Legal Question
Customer reply replied 1 year ago
Sorry. Had to get my daughter at preschool. What kind of documentation do I need? The guy's a former lawyer, so I want to make sure my i's are dotted.

The contract and itemization of your services.

Ask Your Own Legal Question

I am signing off at this time. I will be back online later this evening.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19,845
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19,845
19,845 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
HO2 and Wind policies in place and premiums paid with Trust
HO2 and Wind policies in place and premiums paid with Trust as named insured. Deed recorded in FL naming three co-partners/equal shares. Insurance carriers require new application for each policy. How… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
Discrimination? My U.S. car insurance will drop MY policy
Discrimination?My U.S. car insurance will drop MY policy now that I am married to a Canadian citizen unless he gets a valid U.S. driver's license.How can they be allowed to discriminate against me, a … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,895 satisfied customers
My wife and I were talking life insurance policies, should
John, My wife and I were talking life insurance policies, should something happen, can we have the money put into a trust with a controlled yearly withdrawal so it will last longer?… read more
John
John
Attorney
Doctoral Degree
5,772 satisfied customers
I had univer. Life insur policy for 24 yrs The company tells
I had univer. Life insur policy for 24 yrs The company tells me that its not performing and want pay out,and I should apply for lesser policy (50,000) … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Can a policy owner borrow against a life policy without the
can a policy owner borrow against a life policy without the signature of an irrevocable beneficiary … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
My husbands life insurance policy was canceled from FARMERS
Second opinion] My husbands life insurance policy was canceled from FARMERS Insurance after 20 to 25 years paying for. Have copy from Farmers but do not understand. Would like my money for the time I … read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
19,845 satisfied customers
My husbands life insurance policy was canceled from FARMERS
My husbands life insurance policy was canceled from FARMERS Insurance after 20 to 25 years paying for. Have copy from Farmers but do not understand. Would like my money for the time I had put into the… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
I have a question regarding company policy vs. company rule.
I have a question regarding company policy vs. company rule. … read more
Bill Attorney
Bill Attorney
law
1,421 satisfied customers
We just received a copy of the insurance policy the cover
We just received a copy of the insurance policy the cover letter says that it doesn't provide any coverage for automobile accidents. I've attached it please let me know what you think thank you… read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
We have sick leave time but a policy was just wriiten,if we
we have sick leave time but a policy was just wriiten,if we call in sick,we must get a doctor statement,or get a absents occurance which means point be addto your history,each time you call in sick...… read more
KJL LAW
KJL LAW
Juris Doctorate
1,623 satisfied customers
We are an employer in CA. Our vacation policy states an
We are an employer in CA. Our vacation policy states an exempt staff person may earn 96 hours per year (say Aug - Aug) and they can roll over up to 40 hours to the new year. If an exempt person used o… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
My mother has a insurance policy that matured in 2007 and
my mother has a insurance policy that matured in 2007 and cant ins. to tell us anything what should we do. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,659 satisfied customers
I am planning on buy in a separate insurance policy with a
I am planning on buy in a separate insurance policy with a different company for my teen driver and myself with specific vehicles. Can my current insurance company legally raise my rates on vehicles t… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
I bought an insurance policy and one of the statements in
Hello, I bought an insurance policy and one of the statements in the policy make me think the policy is not valid. "This policy is written by an unauthorized insurer and is not subject to the filing o… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
Can landlords of a home change the pet policy mid-lease?
Can landlords of a home change the pet policy mid-lease? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
If a beneficiary to an insurance policy dies, do the
If a beneficiary to an insurance policy dies, do the proceeds get distributed according to that beneficiary's will or are they distributed according to the Insurance policy such as divided equally amo… read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
If I signed a contract to with my school and on the contract
If I signed a contract to with my school and on the contract it states "The School no longer assesses students overtime or absent hour charges." and was initialed and signed by me and signed by the sc… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,088 satisfied customers
I have a question about company policy that states that
I have a question about company policy that states that husbands and wives stay in separate hotels during conferences which put a strain on my marriage and is leading to a divorce (parties in clubs in… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,926 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x