Legal Question in Constitutional Law in New Jersey

How do I get my deposit back?

After receiving a quote for a kitchen remodeling job, I gave contractor a deposit for 10%. (neither party signed the contract) Shortly therafter the contractor increased the original allowance of $2,500 for cabinets and counter-top to $9,000. saying that the cabinets I had specified were ''far more elaborate'' than originally anticipated. You'll have to take my word for it, but they were not. The exact same cabinets at Home Depot came to a little over $3,000.

1) Is there a contract? Some would suggest that by me writing out a check, that is acceptance. I disagree since they are claiming to rely on the third estimate even though they sent a fourth ''new and revised proposal''

2) Even if my check somehow makes this a contract, are they entitled to keep my 10% even though there was never a final agreement and no work was done (and no supplies ordered)?


Asked on 10/02/01, 1:51 pm

2 Answers from Attorneys
Savyon Grant Law Office of Savy Grant

Re: How do I get my deposit back?

I would sue them in small claims court for the 10% back.

I would also file a criminal complaint for theft by deception. You can go to your police department to complete the proper forms.

If you have further questions, I can be reached at 201-646-9600.

Savy Grant

www.njcrime.com

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Answered on 11/08/01, 12:59 pm
Glen Chulsky Law Office of Glen H. Chulsky

Re: How do I get my deposit back?

There is a law in New Jersey that protects consumers in your situation. If you sue the contractor and win, you are entitled to have your damages tripled and the contractor would have to pay your attorney his fees. I am very experienced handling this type of matter. If you are interested, please call me at 908-213-0600 to discuss your case further at no cost to you.

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Answered on 11/08/01, 2:33 pm


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