Legal Question in Business Law in New York
Service Dispute
If a client pays for a service in full and signs the contract stating nothing is refundable and cancels the week of the service. Does the business have the right to keep everything even though the service was cancelled a week before?
3 Answers from Attorneys
Re: Service Dispute
Under many circumstances, yes. But one would have to review the contract and know the exact situation, including the reason for the cancellation, before offering a definitive answer.
Re: Service Dispute
It depends on the contract and the nature of the service.
For example, under New York law an attorney may not charge a non-refundable retainer. However, I do a lot of work for entertainment firms that reserve dates, train musicians and learn songs. To cancel a date within a short period of time before the performance necessitates a total breach of the contract.
Mike
Re: Service Dispute
On the facts you have presented here, yes, the business can indeed keep the entire payment. However, as others have pointed out, the contract itself, the nature of the service, and other undisclosed factors enter in and may change that response.
THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.
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