Refund for a service that is not provided

UPDATED: Oct 1, 2022

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Refund for a service that is not provided

I have paid a nanny agency 2000 and with an agreement that if the nanny leaves
before 1 year she should offer a free replacement. The nanny placed by agency
quits in 3 days and the agency has charged me 2000 for placing that nanny and
doesnt show any interests or provide responses for placing another nanny and not
willing to provide a refund. What is the better direction to go here ?

Asked on August 22, 2017 under Business Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The BBB cannot help you. The way you would get a refund would be by suing the agency for your money back, based on "breach of contract"--for violating their agreement as to when they would repay you. For this amount of money, suing in small claims court, as your own attorney, is a very good option. You would provide evidence in court of the terms of the agreement and the nanny's quitting within the time frame for a refund.

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.

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