Legal Question in Business Law in California
Painting
My husband was supposed to do an interior paint job for a woman. After putting him off numerous times.She brought the contract over and gave him a down payment check for good faith she said. The day before he was going to start she called and said she no longer needed him because her daughter and son in law had starting painting themselves. We received a letter from a real estate attorney saying she needs her money back because she could not fill the contract do to reasons beyond her control. How is that beyond her control when her daughter was at the house when my husband bid it?
4 Answers from Attorneys
Re: Painting
Sounds like it might be a breach of contract. However, you need an attorney to talk to their attorney. Some attorneys sue whether they have a strong case or not. Let me know if you want me to send a quick reply.
Best,
Daniel Bakondi, Esq.
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.
Re: Painting
Sounds like it might be a breach of contract. However, you need an attorney to talk to their attorney. Some attorneys sue whether they have a strong case or not. Let me know if you want me to send a quick reply.
Best,
Daniel Bakondi, Esq.
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.
Re: Painting
It does not seem to be beyond her control. It also appears to me that you are probably entitled to keep the deposit. It was paid in order for your husband to keep the time open in his schedule to do this particular job, and not to seek or take other jobs in that time.
Re: Painting
I agree with Mr. Telanoff. Your husband may even be entitled to additional money. Based upon what you have written, I think he is entitled to the profit he would have made had he completed the job as planned. That means he could also recover for any expenses he incurred specifically for this job. If the deposit is less than those sums combined, I think he
s entitled to the difference.
Related Questions & Answers
-
Protection of personal assets My boyfriend put me down as secretary for his... Asked 3/25/09, 11:48 pm in United States California Business Law
-
Drug use How can you have one owner of a two owner company removed due to drug use... Asked 3/25/09, 11:41 pm in United States California Business Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
