Legal Question in Banking Law in New York
Can a customer demand a bank check for a refund
Hi- I have a small photography business and require deposits to book me for dates. I have a client that placed a deposit, but we have mutually agreed to end the contract. I agreed that I will return their deposit via personal check, but they say they will only accept a money order or bank check. Do they have this right? I have sent them the personal check which has adequate funds in the account.
1 Answer from Attorneys
Re: Can a customer demand a bank check for a refund
A person may condition the acceptance of a contract on what ever they wish.
In your case, the agreement to terminate the contract and release each others rights under the contract is based on the receipt of the deposit funds in bank check/certified form.
If your customer accepts the check and cashes it, then you can assume that the contract has been terminated. On the other hand they may send it back to you and you would then need to get them the certified check.
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