Newark, OH asked in Contracts for Florida

Q: I had to turn-away moving company due to last minute price increase. What options do I have for recouping any deposit?

They arrived 1-day before selling my old home. The crew said it was listed as direct move and wanted 4K upfront for storage before they would start work. I had never indicated a direct move as the new home closing was not scheduled until the week of the move. I just had a general time frame of the following week and had been told by the original agent that they could have the items there for delivery in 7 days---perfect for my scenario. I had to tell the crew to leave as I didn't have 4K to pay. I ended up getting family & friends to load the entire house into a U-haul at the last minute.

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2 Lawyer Answers
Linda Liang
Linda Liang
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: You didn't mention any fact about paying deposit. Did you pay? If you did, you may ask them back arguing unjust enrichment. Did you sign any agreement? It's easier to argue if you have recorded the deal.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: As you now know this last minute miss-communication cost you quite a bit--in terms of having to change plans, pack up everything, rent a large truck and move all your stuff with help from family and friends; but did you stop to think that the owner of the moving company also lost too? You contracted with them and gave them a small deposit; and in turn they showed up on time (looks like they were even early) fully prepared to pack up everything, load the large truck and move your entire household to wherever. You balked at the $4,000 cost, and cancelled the contract; so they lost all the expense, time and trouble they went through to accommodate you--and you want your deposit back? Really?

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