I traded a product for a service. I got the product customer used some of the service but not all. I no longer do that service.
Nothing in writing. I gave customer ample verbal warning that he should collect. He did not. Now he wants item back. It has been at least 12 months since closing that business. And 4 since telling him I did now he has asked for it back. I want to say sorry or say pay for what you got ( but would prefer to say see ya and sorry). He has not asked for anything yet but expressed "this is not going to look pretty".
2 Answers from Attorneys
This is a tough situation because there what the argument would come down to in a court of law is the "reasonableness" of the time between the giving of the product and the request for the service.
Since you had no written contract and did not discuss the terms, the law has to "fill in" what the parties did not. Thus, in this situation the value of the property, combined with the reasonableness of expecting the service 12 months later, would need to be analyzed.
At the end of the day, a judge would have to determine for himself how to resolve this, and each judge might hold differently. To have a better prediction, I would need to know more about it.
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