Invalid Contract?

This is a discussion on Invalid Contract? within the Construction & Renovation forum, part of the REAL ESTATE & PROPERTY LAW category; I entered into a design contract (paid a $750 designer fee up front) for a kitchen/bath remodel. The remodel was ...

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Old Apr 2nd, 2008, 08:21 AM   #1
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Default Invalid Contract?

I entered into a design contract (paid a $750 designer fee up front) for a kitchen/bath remodel. The remodel was not to exceed $20,000 (an additional $5,000 was set aside for unforeseen older home issues). The $750 would have eventually been used towards the project costs.

The first design meeting had the budget at approx. $35,000 and after repeated meetings the designer was only able to reduce the budget to $28,000. I decided to stop working with the company as it appeared they would not be able to work within my budget constraints. I received an email from the designer saying my budget was "unrealistic" and good luck finding a designer who would be willing to take on my project much less be able to complete it within my budget.

Does this admission make the contract invalid? Do I have a case to request a partial or full refund of the design fee? If the contract is invalid, what is the legal argument I have against the company and their contract?
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Old Apr 2nd, 2008, 04:29 PM   #2
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Default Re: Invalid Contract?

Yo could seek a refund if all sides had agreed that the initial max amount was 20,000.

If they could not consult for you within that budget then they should not have taken the fee.
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