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Old 11-14-2007, 08:17 AM   #1
biederboat
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Default Refund for unused services - non contractual - legal opinion?

Is there anyone who can tell me what the legal requirements are for a service provider to refund unused but pre-paid portions of a service that is cancelled in a reasonably timely manner? There was no contract, just a purchase agreement stating the price. In this case, it's Oregon. I'm probably not going to sue over this, not enough money, but I would just like some legal ammo in my favor as an argument if it applies (I'm not going to lie).

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Old 11-14-2007, 12:33 PM   #2
Herring Problem
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Default Re: Refund for unused services - non contractual - legal opinion?

Depends on what the fine print spells out in the agreement.

Pre-paid monies- unless awritten explanation of the company policy is spelled out and you initaled upon the singing of the aggreement. You may be entitled to a refund.

My advise is never pre-pay anything longer than one month. More and more business's are applying no pre-payment refunds to thier contracts. Why- free monies!

You may want ot contact the District Attorney's office and ask questions on this company legal right to keep this money.
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Old 11-14-2007, 03:10 PM   #3
northriver1
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Default Re: Refund for unused services - non contractual - legal opinion?

How about small claims court??
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Old 11-14-2007, 03:30 PM   #4
Pete
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Default Re: Refund for unused services - non contractual - legal opinion?

I think you said it yourself, "no contract". If you didn't have an agreement that covered refund of a deposit or downpayment, it's unlikely that you'd have any ammo. Certainly it would be good business practice for the money to be refunded if the cancellation were timely. What is "timely" isn't very specific. If it was enough time for the business to find a new customer and avoid any loss, that would be "timely". It varies from industry to industry. Consider earnest money in a home purchase where delay in a sale costs interest, which would be very different from a deposit on a custom built fishing rod or landscaping a new yard where the losses could easily be recovered. Ultimately it would be considered a matter of equity by a court - if it is patently unfair for the business to retain the money, they would order it returned.
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