What to do about a down payment if my husband is a contractor and was to do a job for an elderly lady but she ended up canceling because she felt he didn’t start soon enough?

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What to do about a down payment if my husband is a contractor and was to do a job for an elderly lady but she ended up canceling because she felt he didn’t start soon enough?

There was no start date on the contract. She gave him a down payment of $1200, and when she cancelled he wanted to give her a paper to sign to release him from the contract before he gave her money back. Well, we mailed the paper to her but she says she didn’t get it and went to the sheriff. Now the sheriff says he has to refund her money by tomorrow or he will be indicted on theft to the elderly, felony 4 and that she doesn’t have to sign any paper. He did not steal her money, he just want it in writing that she doesn’t want the work done. What should he do?

Asked on July 20, 2014 under Criminal Law, Ohio

Answers:

Maury Beaulier / MinnesotaLawyers.com

Answered 6 years ago | Contributor

He should refund the money.  He will not be liable for the work given the circumstances and the fact that the owner cancelled the contract despite the fact it is not in writing. 


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