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Ray, Lawyer
Category: Legal
Satisfied Customers: 42871
Experience:  30 years in civil, probate, real estate, elder law
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I presented a quote to do a roof. They agreed and gave me

Customer Question

I presented a quote to do a roof . They agreed and gave me the deposit. 5 days later started questioning my referrals . I contacted them and left the message of the homeowners intention of getting a referral . They called back the homeowner and ansewrd her questions . Agreement to do the roof was on Sunday the filling fryday I showed up as promised to get started and they wouldn't talk to me . They called police who told me she wants her money back and FYI leave. I left a lot of the deposit is to get the job going and that's what I used it for . Do I have to give it all back or what's left at the time she asked for it
Submitted: 2 months ago.
Category: Legal
Expert:  Ray replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 2 months ago.

You need to send them an itemized bill of what the deposit was used for materials or whatever.If you used it for materials you cannot reuse then they belong to the party if you used the deposit for it.Take the time to itemize the charges because you may get sued.It is not realistic for them to expect a refund if you had labor or supplies but you need to address it to them what the money went for.

And you really need to consider a contract for your services.It should state in the event of cancellation the deposit is nonrefundable to avoid this problem.\

I appreciate the chance to help you , thanks again and the best here.

If you can positive rate 5 stars it is much appreciated.

Customer: replied 2 months ago.
In Texas the quote and the meeting to go over it and the acceptance by issuing a check is not a contract
Expert:  Ray replied 2 months ago.

You can argue it both ways, it could be an oral contract but then there are no terms like I mention above.

Customer: replied 2 months ago.
The terms were 1/2 the money to get the job done and balance upon completion
Expert:  Ray replied 2 months ago.

So then send them a bill showing what you spent the money on, labor, materials or whatever.If you didn't use it all refund the balance.

Remember you will have to defend this if sued in small claims.

Here are free contract forms

Customer: replied 2 months ago.
Expert:  Ray replied 2 months ago.

Bye for now, stars at top of page.