Your Legal Questions Answered
I recently setup an appointment with an individual to provided a specific service. In our communications it was agreed that a deposit would be paid and a time reserved. When that time came, the individual was non-responsive to my communication and they missed the appointment. When I asked for my deposit back, they stated that it was non-refundable, but i can find no reference to that in any of their terms where advertised, nor was it stated in any communication. Does this fall under breach of contract? Am I entitled to me money back?
Based on the information provided, you may have a claim for breach of contract. It hardly seems right, regardless of what is stated in a contact, for a party to fail to perform and then state that the money you paid is "non-refundable."
The key elements of a contract are an offer, acceptance, consideration (here, the deposit), and mutual intent to be bound. In this case, an agreement (oral or written) where you agreed to pay a deposit in exchange for a specific service at a reserved time could constitute a contract. Further, the individual's failure to provide the agreed service at the designated time, coupled with their lack of responsiveness, could be considered a breach of the contract. Your damages could be the breach caused you damages, namely the loss of your deposit, and any consequential damages you incurred. Said differently, your damages would be the amount to put you in the position you would have been in had the contract been performed.
If it was implied or stated that the deposit would be refundable under certain conditions (such as the service not being provided), and this was not honored, there could be a claim for misrepresentation, especially if you relied on this belief when making the deposit.
Finally, Colorado has consumer protection laws that protect consumers from deceptive trade practices. If the service provider's advertising or communication led you to believe that the deposit was refundable, or if they failed to disclose that it was non-refundable (and such a term is not standard in the industry), this might constitute a deceptive trade practice under the Colorado Consumer Protection Act (CCPA).
The foregoing is a general information, and you'll need to speak to an attorney to discuss your options. I would recommend speaking to an attorney as soon as possible.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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