How can my parents get their deposit back?

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How can my parents get their deposit back?

About a year ago, my parents hired a painter to come and have some repainting/other work done to their log home. They drew up a contract and both parties signed. They both agreed that my parents would put $1300 down to cover costs of initial paint/caulk and to cover the initial power washing of the home. As of today, the painter has not shown up or even tried to make an appearance, he just makes excuse after excuse via text message with my father. My parents called the painter and told him if he was not there by

tomorrow, that they would seek legal redress unless they got their money back. They have a strong feeling that the guy will not show up. The contract says that the down payment is non-refundable, however it also states that the work would be done in a timely manner. Is the painter in breach of the contract, seeing as its been nearly a year and no work has been completed Would they get their money back if they contacted a lawyer or are they SOL and out $1300?

Asked on June 24, 2018 under Business Law, Wisconsin

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your parents can sue the painter for breach of contract due to the painter's failure to do the work in a timely manner since a year has elapsed with no work done.
Your parents can file their lawsuit in small claims court.  Their damages (monetary compensation they are seeking in their lawsuit) would be the $1300 they paid the painter.  Upon prevailing in the case, your parents can also recover court costs which include the court filing fee and process server fee.


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