Legal Question in Criminal Law in Ohio

theft by deception

it tookme 2 months to start a siding job that i recieved a down payment for. a recent hail storm and many jobs needed done first. when i called cust. to start she already had another contractor. im refusingto refund her, is this theft?

Asked on 10/16/07, 11:49 am

1 Answer from Attorneys

Richard Cline Office of the Ohio Public Defender

Re: theft by deception

Probably that is theft. It depends on the terms of your contract. Does the contract specify a start date? Does the contract specify what happens if the customer cancels the contract? Have you purchased any materials or turned down any other jobs? Inother words, why should you be entitled to keep her money for doing no work?

As you can see, there are a lot of issues here. However, you cannot simply take someone's money, do no work for 2 months, and then refuse to refund any money without justification.

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Answered on 10/16/07, 1:34 pm

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