In March I made a deposit to a web designer in the amount of $1,150.00 which is half what she proposed charging me for creation of a real estate website. As of August 31, I still did not have a website and very limited contact from her during that six month period of time. I was very explicit in what I wanted my website to look like and I truly don't think she knew how to do it or how to integrate it with our multiple listing service so she just kept putting me on the back burner. All I saw were 4 template designs that were horrific. In the meantime, she went on to create several websites for other customers. After starting her business in January, she now has a horrible reputation due to poor customer service and gouging of pricing. I sent her an e-mail on August 31 telling her I was ceasing doing business with her because as a real estate agent I have to have web presence. There was no contract of any kind I was just given a price quote. Then I proceed to get an e-mail from her out of work homeopath husband indicating I either pay the rest or they will take me to small claims. So I was served with a summons and complaint and they are suing me for the remaining balance of what they refer to in the complaint as the contract. I realize this is an implied contract but do I have any recourse here? He threatens that they have all of the phone records and e-mails (of which there were less than half a dozen). This lady's business is an LLC and he is not an officer of the corporation. She does not use contracts in her business. I have since signed with my old web company of which I have a contract and was up in two weeks. Do I even have any recourse here? Thanks!
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Consumer Law, Warranties Web Designer Non Performance
- Thread Starter Siddalee
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jharris352
New Member
I'm not trying to be a smart alack but what is a homeopath?
In any case, they never performed and you owe them nothing. If anything they owe you the money they took as a deposit. Answer the suit with a very simple explanation about the situation like this:
1. In March I engaged "Poor Web Design, LLC" to put up a real estate website for my business and paid them a deposit of $1,150 and agreed to pay the balance of $XXX.XX on completion of the site.
2. Though she produced some templates none of her work was satisfactory or as we had discussed prior to the deposit.
3. She stopped communicating with me when I rejected her templates until I sent her a letter on XXXXX telling her that I wanted to cancel our agreement.
4. Instead of refunding my deposit, she has now sued me for the balance of the contract she did not complete.
I am asking that her suit be dismissed and all cost thrown on her. I am further Counter Suing for the balance of my deposit since she did not make any good faith effort to complete the contract and did not earn those moneys.
Go to court with the templates, emails, and anything else you have. You will do well. Good luck.
In any case, they never performed and you owe them nothing. If anything they owe you the money they took as a deposit. Answer the suit with a very simple explanation about the situation like this:
1. In March I engaged "Poor Web Design, LLC" to put up a real estate website for my business and paid them a deposit of $1,150 and agreed to pay the balance of $XXX.XX on completion of the site.
2. Though she produced some templates none of her work was satisfactory or as we had discussed prior to the deposit.
3. She stopped communicating with me when I rejected her templates until I sent her a letter on XXXXX telling her that I wanted to cancel our agreement.
4. Instead of refunding my deposit, she has now sued me for the balance of the contract she did not complete.
I am asking that her suit be dismissed and all cost thrown on her. I am further Counter Suing for the balance of my deposit since she did not make any good faith effort to complete the contract and did not earn those moneys.
Go to court with the templates, emails, and anything else you have. You will do well. Good luck.
You make it sound so simple!! I actually was a paralegal for 18 years and did well with other people's issues but never my own! The thing is, I don't think I kept the templates or anything because I never thought it would come to this! In her ex-husband's response, he gave me three options, pay the balance and have them finish the website, have a mediation or they would take me to small claims. This whole situation is such a nuisance. I'm a top 10 agent in my market and don't have time for this pettiness. He was so matter of fact about everything I'm thinking they have been down this road before. He said they have over 75 e-mails that the designer sent me and numerous phone records. I don't know where those came from!!! In any event, can he respond on her behalf like that since he is her ex-husband and not an officer of the coropration? Also, if they push the implied contract issue, at what point does that get trumped by non-performance? Thanks for your help!
jharris352
New Member
I know what a homeopath is, I just didn't get the connection, so I thought maybe you had a typo or something!
Ok, yes he can represent the LLC outside of court and in small claims because he is her husband they won't be to strict on who talks for the LLC. I would send him a letter or an email and demand your deposit back. Absent sending your deposit back I would instruct Dr. Bozo to leave you alone. If he continues to harass I would file against him. That's just me, I'll sue someone in a heartbeat if they are a jerk.
It won't matter if you don't have the templates. They did not produce a website before you pulled the plug on the contract. You can show that another company took 2 weeks to put up what you wanted and they spent months (I take it) to not produce one. A Judge is likely to find that a reasonable amount of time for them to produce and since they didn't your contract with them is "voidable" which you exercised.
Their chance of forcing you to pay anything more is next to nil. Your chance of getting ALL of you deposit is 50/50% and a majority of your deposit 90/10%. If you just don't have time to sue them, send them a letter telling them you refuse to pay because they breached the contract and to leave you alone unless they want to sue.
Then go about your business unless they sue. If they continue to call you, either sue them or call the police. They can't harass you. Good luck. My congratulations on being top 10 in ANY real estate market at this time. I was 15 years in lending, now I'm answering legal questions for free!
Ok, yes he can represent the LLC outside of court and in small claims because he is her husband they won't be to strict on who talks for the LLC. I would send him a letter or an email and demand your deposit back. Absent sending your deposit back I would instruct Dr. Bozo to leave you alone. If he continues to harass I would file against him. That's just me, I'll sue someone in a heartbeat if they are a jerk.
It won't matter if you don't have the templates. They did not produce a website before you pulled the plug on the contract. You can show that another company took 2 weeks to put up what you wanted and they spent months (I take it) to not produce one. A Judge is likely to find that a reasonable amount of time for them to produce and since they didn't your contract with them is "voidable" which you exercised.
Their chance of forcing you to pay anything more is next to nil. Your chance of getting ALL of you deposit is 50/50% and a majority of your deposit 90/10%. If you just don't have time to sue them, send them a letter telling them you refuse to pay because they breached the contract and to leave you alone unless they want to sue.
Then go about your business unless they sue. If they continue to call you, either sue them or call the police. They can't harass you. Good luck. My congratulations on being top 10 in ANY real estate market at this time. I was 15 years in lending, now I'm answering legal questions for free!
Well they are taking me to small claims and trying to recoup the balance of the estimate of $2300 or $1150 and the court date is 11/25. There is no written contract and I would think being a business owner that would have been the first thing to be created to protect herself from these type situations. That's the first thing I had to do with my current provider. And it's her ex-husband but they still live together!
jharris352
New Member
I would counterclaim, just because they drug me to court. Sometimes I wonder what Judges think of these nuts that bring suits.
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