QUESTION

Contract Law: My construction contractor will not refund my full deposit for work not even started. Do I have a case?

Asked on Nov 21st, 2018 on Civil Litigation - New York
More details to this question:
I signed a contract with the salesman. The contract can not be executed as written, 1. because the salesman is not am expert in construction (which I did not know); 2. there are underlying foundation problems that make the refinishing work pointless. I want my full deposit back, plus interest plus breech of trust.
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2 ANSWERS

Estate Planning Attorney serving New York, NY
1 Award
Deposit back in a lawsuit is no problem.  Interest maybe.  Breach of trust, forget it.  But you have to sue to get money.
Answered on Nov 22nd, 2018 at 5:53 AM

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Appellate Practice Attorney serving New York, NY
Are you saying that, for reasons neither party was aware of when contracting, the contract CAN"T be performed, or just that you no longer want it performed?  If the latter, you have a problem.  You might have a claim to rescind the contract if you can demonstrate that the contractor, as an expert (salesman or not) should have known about the issue and informed you before contracting, but it's a long shot.  If the contract stands, that still doesn't necessarily mean that the contractor gets to keep your deposit (does the contract make the deposit nonrefundable?), but you could be liable for the profit the contractor would have made on the contract, which could be worse. I'm not sure what you mean by "breach of trust", or how that differs from breach of contract, but if you succeeded on a claim to have your deposit returned, you would be entitled to interest on it, but no other damages (unless the contract also provides for attorneys' fees to the prevailing party.)
Answered on Nov 21st, 2018 at 8:27 AM

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