Legal Question in Consumer Law in Texas

Design Not Fulfilled - will not give deposit back

I have hired someone to web design work. In the agreement, it stated a deposit was necessary for commencement of phase 1 which was the design samples. I received three samples of designs, and none of them were even close to what I had asked for per our email and phone conversations. I told the person that we were on two different pages and the person asked if they could try again. I also drew out exactly what I was looking for and all the person needed to do was recreate it on the web. The next sample was still very different. The person refuses to give me my deposit back. What rights do I have in getting my deposit back? It was several thousand dollars.

Thank you!


Asked on 3/30/06, 2:32 pm

2 Answers from Attorneys
TC Langford Langford Law Office

Re: Design Not Fulfilled - will not give deposit back

The agreement should state whether the designs must be satisfactory to you specifically, or satisfactory to a reasonable person, or just whether or not the designs must be provided.

In an issue like this, which turns on the subjective question of whether the buyer 'likes' certain custom work, it is extremely important to closely read that portion of the agreement.

In other words, does the contract obligate the designer to prepare and submit work to you, or does it obligate the designer to prepare and submit work that you like? And if it is the latter, are your expectations reasonable?

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Answered on 3/30/06, 2:47 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Design Not Fulfilled - will not give deposit back

It depends in large part upon the agreement that was executed. You may have to bring a lawsuit if the performance doesn't match the agreement and matters promised.

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Answered on 3/30/06, 3:45 pm


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