how to get refund for no service rendered

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how to get refund for no service rendered

Hi. I had an agreement with the owner of an art gallery in USA for organization of my exhibition. I paid rent and organization, but after a while the owner refused to do so, citing the fact that a date we talked before are not available, and he offered to return the money himself. I asked for the full refund, but they still have not refunded. He does not answer on my calls and email, though I do know that the gallery works and he does too. I don’t have an agreement on the paper, there is only a payment check and correspondence to him by email. The problem is that the gallery is located in the US, and I’m in a different country. What should I do. Thanks for any advice.

Asked on June 27, 2016 under Business Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Legally, if you pay someone money and they fail to render the agreed upon services, you seek a refund or reimbursement or other compensation by suing them: you sue for breach of contract (violation of the agreement, even if only an oral or unwritten one, pursuant to which you paid for certain services) and for unjust enrichment (for being unfairly "enriched" by taking your money without providing anything of value in return).
Practically, this may not work for you: at least under U.S. law (I make no representations about Russian law), you would likely have to sue in a court in the county in which the gallery were located; while you could hire an attorney here to do much of the work for you, there are certain stages at which you would likely have to appear and testify personally. Between the cost of the lawyer and any travel, etc. costs, it is unlikely that it would cost effective to take legal action.


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