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Does paying someone in advance bind you to an unsigned contract?

This is a discussion on Does paying someone in advance bind you to an unsigned contract? within the Small Claims Courts forum, part of the ATTORNEYS, COURTS, LITIGATION category; Legal Advisror, I pre-paid a new childcare provider $300 on the Friday before she was to begin caring for my ...

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Old Mar 11th, 2008, 06:47 PM   #1
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Confused Does paying someone in advance bind you to an unsigned contract?

Legal Advisror,

I pre-paid a new childcare provider $300 on the Friday before she was to begin caring for my step-daughter in her home. My step-daughter's maternal grandmother called Sunday evening to say she did not approve of the lady caring for her grandchild because she was not a "licensed" childcare provider. When I called the lady and apologized for the change she refused to give me my money back. She gave us a contract but I had not signed it. Do we have any grounds to take her to small claims court to get our money back? Or are we bound to the "unsigned" contract because I gave her payment (in advance). No services were rendered. She's claiming she doesn't have to give money back because she did not refuse her services. Please help! $300 is a lot to us but we don't want to throw away additional money for court fees! Thank you!

Susan
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Old Mar 14th, 2008, 05:15 PM   #2
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Default Re: Does paying someone in advance bind you to an unsigned contract?

is she operating legally?

have city officials check

if not you clearly can get a refund, or you may argue you were told it was implied that she was licensed

if need be sue in small claims
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