How can I get my non-refundable deposit back on a work order?

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How can I get my non-refundable deposit back on a work order?

My husband signed a contract for a carport and its installation on my mother property. We paid the 10% deposit. I get a call after the schedule time of delivery that they installation wont be able to occur due to the worker being delayed at other job sites. The company has offer to have their workers come by on another day however installation has already been delayed due to the company not getting our work order from their salesmen. They offered to come out on another work day however they could not guarantee that it would even take place on the the rescheduled day.

Asked on February 9, 2012 under General Practice, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

At this point, you need to request your money back because you signed a contract for work to be completed and it appears the work has yet to be done. Review the contract and see if it gives a date certain. If it does, then you have every right to indicate this company has breached the contract and the duty of good faith and fair dealing. Indicate that time is of the essence for you and you wish for this to be either taken care of immediately with a significant discount (give a one week window) or you want your full 10% deposit back. If the company refuses either option or fails to come through with performing either option, take this complaint to your local city prosecutor, to the office of the attorney general and also consider filing a small claims suit if all other options fail.


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