Legal Question in Business Law in Iowa
we online purchased an original painting from an artist in another state, making payments of deposits (thru the mail sending personal checks) to her until the purchase price of the painting was made in full.
Unfortunately, I lost my job and alerted same artist that we could no longer complete this purchase as our budget no longer allow this transaction, she ok'd this and promised to return our $550 of deposit monies as soon as 'our' painting sold again.
It has been over a year and now she is saying that we have 'no right' to any refund of these deposit monies, continuing that we actually could be libel to have to pay her the additional amount for the painting, because we have no signed or implied contract to the contrary.
Additionally she claims that her accountant has written this painting off as 'bad debt', then further when and or if she feels like it she may return 1/2 of our deposit each sharing in this 'bad debt' situation in the future, do not contact her again, she has our address.
Are we 'out'?
Thank you,
Fisher
2 Answers from Attorneys
As a franchise attorney I can say there's good news . . . and bad news. Good news is you have an oral contract, at a minimum. If you have any emails, etc. about the "deal," then these writings could prove a written contract as well. The bad news is this is a small amount of money. You could always file a small claims action in your city and have her served. But even if you win, you still need to collect. And that could be a problem. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Attorney
Franchise Foundations APC
Unfortunately, even if you do have a valid claim to your deposit, which is certainly debatable, you generally need to sue the individual in the county in which she can be found. So not only do you have the possibility that you might not win, you probably will need to travel to sue her. Maybe she can paint you a $550 painting?
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