Consumer Law, Warranties Get out of verbal contract

[hanvo123]

Hello,

I have a verbal agreement on the phone with a person (owner of the company) to do videography/photography for my wedding. He wanted a 1 time payment of $4K. I was kind of rush and believed it was a good deal. I provided my credit card and he charged the full amount. He sent me an agreement via email asking to sign and return but I haven't signed sign yet.

For some reasons, I don't want to go with this company anymore. I contacted him and requested to cancel the service. He texted me that he was busy and would call me back. Finally after 3 days, I was able to talk to him. He told me that he reserved the photographers/videographers for my wedding date (which is 3 months from now) with $500 deposit. He can only give me back $3500 and can't promise when to refund the full amount.

What can I do in this situation? Should I dispute with my credit card company? Or I have to stick with this and lose $500?

Any advice would be helpful. Thanks.

State: New York

 

[army judge]

Dispute the charge with your credit card issuer.

That is a quicker and easier solution.

By the way, you didn't sign, you had no contract.

You merely had a phone conversation.

It couldn't become a contract until you signed the contract.

In the future, don't agree to anything verbally.

If it ain't in writing, it never happened.

 

[mightymoose]

Since you have not actually received a service and there is no contract, your credit company will likely refund the money- it will then be the other guy's problem to get the deposit back. If he truly does end up out something over the deposit, you might find him suing you somewhere down the road.

 

[hanvo123]

I did accept the offer over the phone. Originally, I was asked to pay cash but we were on the phone and needed to secure the deal. He then agreed to accept credit card. So, the fact is that I provided the credit card and he charged it. Can this be the evidence that I verbally accepted the agreement?

In case, he sues me and I lose. Do I have to pay for all his lawyer fees or whatever the court fees??

Thanks again for your advices.

 

[army judge]

Really?

Dude, you're killing yourself.

You don't have to help the plaintiff prove his allegations against you.

He has to prove what he alleges.

Just stop talking and don't admit anything.

You do that and he can't PROVE a thing!!!!

I did accept the offer over the phone. Originally, I was asked to pay cash but we were on the phone and needed to secure the deal. He then agreed to accept credit card. So, the fact is that I provided the credit card and he charged it. Can this be the evidence that I verbally accepted the agreement?

In case, he sues me and I lose. Do I have to pay for all his lawyer fees or whatever the court fees??

Thanks again for your advices.