When I someone entitled to a refund?

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When I someone entitled to a refund?

I hired and paid a social media consultant $500 to provide services. We met one time but I received nothing from this consultant. No contract was signed or drawn up. Due to her canceling at the last minute numerous times before meeting 2, decided to terminate this relationship and asked this consultant for a simple refund. She verbally agreed to refund me back in installments, however then reversed course and told me that she would only provide a credit. This was not acceptable since I would never want to work with this person again. She says I would lose an attempt to retrieve my money in small claims since no contract was signed. Is this true or would I have a viable case?

Asked on August 28, 2018 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

She is wrong. Whether a contract was signed or not, there was a contract: the agreement between you and her under which she agreed to provide services and you agreed to pay her. When one side breaches that agreement, such as by not providing the agreed upon services in the agreed upon or reasonable timeframe, that breach entitles the other to a refund. Her failure to meet and provide the services gives you the right to a refund, so if she won't voluntarily provide one, you could sue for "breach of contract." 


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