Your definition is good regarding deposit vs. retainer. However, actually doesn’t really make a difference if you use the word deposit or retainer if it goes to court. There hasn’t been a case where the judge has thrown out a case because the misuse of a word.
Except some states/communities have laws that require security deposit be refundable and a good lawyer good use the term deposit as a ploy get the judge to say "if one deposit is required to be returned by law why not any deposit on goods".....why take that risk? Some communities have laws regardings deposits on goods as well
Hi I'm a wedding photog, I had a contract which I thought was a good one. 22 hours before the Saturday wedding, they cancelled. Would not tell me why, wanted $200 deposit back. I explained the June date was now gone, they were rude and crude and said their not getting married. Sooooo, in small claims court I LOST. In KS even though my contract said non-refunable deposit. Judge said Deposits are refundable, so I had to pay $200 back. Now my contract says, deposit/retainer, is non refundable, and requesting a cancellation must be in writing 20 days in advance. Just sayin
Your definition is good regarding deposit vs. retainer. However, actually doesn’t really make a difference if you use the word deposit or retainer if it goes to court. There hasn’t been a case where the judge has thrown out a case because the misuse of a word.
Except some states/communities have laws that require security deposit be refundable and a good lawyer good use the term deposit as a ploy get the judge to say "if one deposit is required to be returned by law why not any deposit on goods".....why take that risk? Some communities have laws regardings deposits on goods as well
Hi I'm a wedding photog, I had a contract which I thought was a good one. 22 hours before the Saturday wedding, they cancelled. Would not tell me why, wanted $200 deposit back. I explained the June date was now gone, they were rude and crude and said their not getting married. Sooooo, in small claims court I LOST. In KS even though my contract said non-refunable deposit. Judge said Deposits are refundable, so I had to pay $200 back. Now my contract says, deposit/retainer, is non refundable, and requesting a cancellation must be in writing 20 days in advance. Just sayin
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