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?


Asked on 7/26/08, 8:43 pm

3 Answers from Attorneys
Kristen Browde Browde Law, P.C.

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.

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Answered on 7/26/08, 8:53 pm
Michael Markowitz Michael A. Markowitz, PC

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

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Answered on 7/27/08, 9:24 am
Nancy Delain Delain Law Office, PLLC

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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Answered on 7/27/08, 12:28 pm


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