Legal Question in Business Law in Illinois

problem client wants refund after 8 months

Greetings.

My wife has a decorating business for the last 5 years. SHe has had numerous clients and successful. All her clients have been through word of mouth. Recently, a ''friend'' who has a son in the same pre-school as our child requested my wife's services for he home.

My wife gave her a consultation (for free) and the client proceeded to order her draperies and blinds through my wife. This client has complained about everything and my wife has bent over backwards for her at no cost (just to make a customer happy).

When the items were installed, she was unhappy about the most minute items. My wife corrected every little item to her liking but was still unhappy about other items. The installer even noted that the client was unhappy about particular items she agreed on herself.

The client did pay in increments until the balance was paid off. After 8 months, she decided to call my wife and asked for a full refund. The client was told that the order was a custom order when she first agreed and gave the go ahead with a deposit.

My wife is losing sleep over this because she has never had an unhappy customer who is now threatening legal action. Any help would be appreciated.


Asked on 6/05/05, 7:22 pm

2 Answers from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: problem client wants refund after 8 months

It sounds as though the client wants something for nothing. As long as your wife has a document showing that the client agreed to the curtains and other things, your wife is in good standing. After 8 months, I believe that she would have asked for her money back in 30 days. We all make decisions in our life, some good and some bad. The client is trying to rectify her perceived mistake by making your wife pay for it.

Good luck!

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Answered on 6/06/05, 12:55 am
John Pembroke John J. Pembroke & Associates LLC

Re: problem client wants refund after 8 months

There are some folks you just can't please, no matter how hard you try, as they are commercially unreasonable. The best answer is to try to identify them at the outset of the relationship, and refuse to do business with them at all. The next best answer is to extricate oneself at the earliest opportunity.

I have seen this pattern of behaviour before, and it often crops up when the buyer (with remorse, apparently) has paid less than full value for something.

Your wife's customer got what she ordered and paid for. If she has now changed her mind, it's her problem, and not your wife's. Sometimes these folks see if one waivers, scenting weakness, and then pounce. Sometimes, if they have the wherewithall, they sue regardless of whether they will win.

I recommend that your wife hang tough, and don't give her one red cent. I also recommend that your wife discontinue working with this person, and tell the buyer that you are sorry, but you can't meet her needs. She'll have to go elsewhere for any further work.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 6/06/05, 6:52 am


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