Legal Question in Consumer Law in Florida

Customer terminated contract

As a custom cabinet shop I contracted to build and install custom cabinetry in Nov 04'.

My contracts are very clear as to changes, be in writing and costs are above and beyond and are in addition to the contract.

After many phone conversations with the customer regarding her desire to make changes ( to make things cheaper) she finally delivered to me a letter Feb 14,05' stating that her financial conditions had changed and she was no longer wanted her cabinetry and wanted a full refund of her deposit. Fabrication of her cabinets had already begun.

Her attorney contacted me Apr 21 requesting her refund, i responded that that the contract she signed and agreed to was a binding obligating her to the complete terms and the letter she sent me breeched her agreement.

I felt that i am not obligated to return any deposit. She made a call to me after her attorney got my response and abused me verbaly. I presume that her attorney advised her that she screwed up when she sent me the letter. She has since told her ''story'' to the local tv station how i ''took'' her money, wont give it back, i am not an honest or decent person. I have the tape. It now appears to be affecting future business, customers tell me it dont look good. any recourse ?


Asked on 12/15/05, 10:55 am

3 Answers from Attorneys
Patrick Dervishi PATRICK DERVISHI, P.A.

Re: Customer terminated contract

I'm assuming you have the $ for the breach of contract. Look for tortious interference with business and/or defamation issues. Need to make a demand.

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Answered on 12/15/05, 11:10 am
Randall Gilbert Gilbert & Caddy P.A.

Re: Customer terminated contract

You may have lien rights for specially manufactured goods.

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Answered on 12/15/05, 11:24 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Customer terminated contract

If it is financially practical you could pursue for the balance of the contract money. Meanwhile keep the money. As far as tortious interference with your business is concerned, unless customer has sufficient assets to satisfy a judgment you may obtain, forget it.

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Answered on 12/15/05, 1:27 pm


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