What can I do if a plastic surgery office is refusing to give my deposit of $5500 back after canceling my appointment?

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What can I do if a plastic surgery office is refusing to give my deposit of $5500 back after canceling my appointment?

I was in the impression of losing only a non-refundable amount of 500 that I made when the surgery was scheduled. This $500 is outside of the $5500 that I paid 2 weeks before the scheduled date. No contracts were signed and I never met with surgeon after the first free consultation. They are saying that they have to take 50% of the $5500 and only give me back $2500. I don’t know what to do or who to contact to get my money back or if they have every right to take a $3500 for a procedure they never done.

Asked on May 27, 2015 under Business Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Who canceled the appointment? If you did, even if for what you think of as very good reasons (e.g. health, family emergency, business travel you had to go on, etc.), then they could keep the deposit: a vendor or professional may keep deposits when the client/customer cancels.

If they cancelled your appointment, then they have to return the deposit unless they reschedule it for another time: a vendor/professional may not keep someone's money while refusing to provide the service. If they do not return the money, you could sue them for breach of contract and possibly also fraud  and seek its recovery in  court.


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