Legal Question in Consumer Law in Maryland

Refund / Payment

A client came to my studio on 10/22/02 and contracted my services for a designer wedding gown for her June 2003 wedding. The total amount came to about $2,800.00. She paid a deposit of $500.00 with a balance of $2,300.00. She agreed to make bimonthly payments

After about 4 months of none payment she called to say the wedding was postponed because she lost her mother, but was still interested in having her gown made by me.

She called 2 days ago 12/22/03 stating that the marriage will no longer take place, and that they decided to go to the justice of peace, and she requested for her $500.00 deposit she paid over a year ago. Mind you during that period I tried to contact her with via phone call without success, because she had her phone numbers changed without notifying me. So my question is: is she entitle to a refund or can I collect the balance of the agreed amount $2,300.00 for the her wedding gown that was never made? I did issue her a receipt that states ''All Sales are Final,'' and she signed it. I awaits your prompt responds Thanks for your help.


Asked on 12/24/03, 8:49 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Refund / Payment

Under the legal doctrine of quantum meruit you may be entitled to retain the $500.00.

This doctrine says that you are entitled to be paid for the value of your labor which I assume to be

at least $500.00. You may also have a case for full recovery under contract. Lastly reliance damages may apply

but would be the most speculative of the three courses of action.

More important is that you learn from this experience. Business simply is not conducted this way where you want to ensure that you

are not taken advantage of. If you would like to discuss how to organize and conduct your business so as to preclude this problem in the future, contact an attorney.

You should have, at a minimum, several different contracts to fit the various transactions that you envision encountering. Enhancement of other business practices may also apply.

What I am saying is that you should take effort to protect your interests.

Read more
Answered on 12/29/03, 8:54 am


Related Questions & Answers

More Consumer Law questions and answers in Maryland