How can my parents get their deposit back?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption