What can I do to get a business that was supposed to provide services to me to respond back?
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What can I do to get a business that was supposed to provide services to me to respond back?
I found a web design business page on Facebook a few months back. The owner and I communicated back and forth a few times before I decided to go ahead with them to design my website. At first, he communicated but it was never cleared on when the site will be done. Well, 4 months have passed and I decided to look elsewhere and have asked him many times for a follow-up of my site or if I can just get a refund back. He’s been ignoring my emails and messages. We never signed a contract before I sent him money. The service is broken down into 2 transactions – before and after the site is done. It wasn’t a lot of money but I don’t want him to think that he can just get away with taking people’s money without explaining to them as to why their website isn’t completed or why they can’t get a refund. Just like any business, if I paid for a service and I didn’t get what I paid for, I am entitled to a refund unless stated otherwise. Again, there was no contract between us stating whether a refund was doable or not. Can I threaten him with a lawyer?
Asked on December 13, 2017 under Business Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You potentially have two grounds, or reasons, to sue (e.g. in small claims court, if the business is local to you):
1) Fraud: for lying to you about what he could or would do.
2) Breach of contract--even when there is no written agreement, there is an oral agreement or contract, such as that he will produce a web site for you in exchange for a certain fee or payment. If he fails to do that, he is violating the contract.
So you can in good faith "threaten him with a lawyer," since you could file a lawsuit against him.
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