Legal Question in Business Law in California

My brother painted my co-workers house. The husband gave my brother full payment before they finished the house. Upon completion of the job, my co-worker gave him a thousand dollars check. He refused to take it, telling her that her husband paid him fully for the job. She insisted that he take the check and to consider it a tip. He took it kept half and split the tip betwen tht other two guys helping him. Two weeks later, she called him asking for the return of the money after she realized they paid him too much. He only had the half, so he returned that right away. Is he obligated to give the other half back?


Asked on 6/08/10, 4:39 pm

1 Answer from Attorneys

Technically he is obligated to return everything he was paid, unless he is a licensed painting contractor with the appropriate "C" license. The law is absolutely clear that unlicensed contractors are liable to return 100% of payments they receied for work that required a license. If he is a licensed contractor, he should not have accepted payment upfront, as that is a violation of the Business and Professions Code.

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Answered on 6/08/10, 10:46 pm


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