Legal Question in Business Law in Ohio

Hi, we recently paid a small business $1,350 as a down payment on a fence to be built. We recently received a letter from an attorneys office stating this business has ceased operations and that our refund isn't guaranteed back to us. What can we do to get our money back?


Asked on 8/11/11, 2:17 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can advise the following. Just because a business has ceased operations, that's no excuse not to pay back down payments they've collected. I assume the business is a licensed contractor, which they would need to be in order to do this type of work. Typically a licensed contractor is required to post a bond with your state's contractor licensing board to insure performance. You should file a claim with the bonding (insurance) company for the amount of your down payment as soon as possible. You should also show the fence contract and the attorney letter to a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 8/11/11, 2:29 pm


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