Appellate Practice Attorney serving New York, NY
A conversation can create a contract, or can modify a contract, but I don't think that happened here. Had your client accepted your offer to return the full deposit in consideration of her agreement to continue to utilize your services going forward, you might have created an enforceable modification of your contract. However, unless there's something you didn't mention, she never agreed to continue to use you, so she never accepted your offer.
Answered on Jul 07th, 2014 at 2:01 PM