# Return Deposit or no?



## heavy_d (Dec 4, 2012)

Hey guys

I'm curious what it will take for you guys to keep a deposit and not give it back to a customer who cancels?

Last month I had a small composite deck about to start. The job had been sold about 2 months prior with a contract like always. I collect a $500 deposit at time of signing. The contract does not have a strict start date, as I build my decks one at a time and cannot possibly give an exact start date. However I verbally give them an approximate start date.

I contacted the woman that I was almost ready to start her deck, and if it was a convenient time for me to come by and remove the old deck in preparation for the new footings.

She sent me back a long winded email about how since I can't start when I promised I could, and her landscaper can start sooner than planned, could we cancel the job and return her deposit. 

I could tell something was fishy as she didn't say anything until I emailed her that I was ready to start. I assumed the landscaper had promised to do it cheaper or had referred her to a deck friend of his.

I am smack in the middle of deck season and dont have time for drama so I immediately sent back her deposit and wished her good luck. 

I also was happy to cut loose because I priced it lower than I normally would (through her lack of budget and barrage of emails) because I want to do more composite decks and it's good experience, so I would have made a lot less money than normal.

I follow a lot of local guys on instagram and low and behold, I see the landscaper post about her backyard. He interlocked the entire backyard and where the deck was supposed to be, he built a big stone landing with wrap around steps.

It saddens me that she couldn't just take the initiative to email me and confess that she would rather do a stone landing and cancel the job. Instead she waits until I'm ready to start and makes up lies as to why she wants her deposit back. 

If you've read this far, my question is, what will it take for you to keep a customers deposit? In my scenario would you have kept it? I dont want negative reviews online screaming that I kept it and how evil I am, but on the other hand I probably had 4 or 5 hours of quote time invested as she kept changing the design to lower the price and I made no money.

Also, is the fact that I dont put a start/finish date in my contract a problem if this occurs again? Seems like it could be an arguing point.

Thanks
Dustin

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## heavy_d (Dec 4, 2012)

Just for fun, here's what the landscaper built where the deck was going to be.









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## jproffer (Feb 19, 2005)

Can't imagine that was cheaper than the deck, but obviously, I can't know for sure.

What does your contract say? Did she know going into the deal that her deposit was non-refundable?

Also, this is a good reason to start charging for estimates :thumbsup: .

Original estimate = $150

Each change in design or materials = $100 more

or whatever you decide you want to charge....


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## Robie (Feb 25, 2005)

I would put an "estimated" start and finish date...complete with stuff about weather, circumstances beyond your control, etc, etc, etc...

As far as the deposit? Nah...give it back. Like you said, in this age of social communications, you don't need a stigma following you around.

Something I absolutely would do however is....email her a cordial note, telling her that you are well aware of what she did in lieu of a deck and that you would have appreciated her being honest with you instead of using your timing as the excuse.

I couldn't let that go....:no::no:


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## heavy_d (Dec 4, 2012)

Robie said:


> I would put an "estimated" start and finish date...complete with stuff about weather, circumstances beyond your control, etc, etc, etc...
> 
> As far as the deposit? Nah...give it back. Like you said, in this age of social communications, you don't need a stigma following you around.
> 
> ...


That's a good idea. 


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## heavy_d (Dec 4, 2012)

Email sent.

"
Hi *****

I've seen the photos of your completed backyard landscaping. It really is nice. They did an excellent job.

I can't help but wonder why instead of telling me you planned on doing a stone landing instead of a deck, you chose to say it was*because I was a couple days behind schedule.

This is the first time anyone has cancelled a deck with me and it's a little disheartening to find out from a fellow contractor*the real reason why, and not an honest explanation from the customer themselves.*

All we ask for is a little respect for our time. I had several hours invested in your quote as a result of all the changes, time*not spent with my family that I was not compensated for.

Thank you for reading. "

No regrets.

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## Robie (Feb 25, 2005)

Outstanding!


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## Leo G (May 12, 2005)

You still called her out and that's taking a chance. I would have left it that the stonework looked nice and have a nice day.


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## heavy_d (Dec 4, 2012)

Leo G said:


> You still called her out and that's taking a chance. I would have left it that the stonework looked nice and have a nice day.


It's been eating at me for the last couple weeks. She'll probably just call me an ******* or something but hopefully not.

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## Robie (Feb 25, 2005)

Leo G said:


> You still called her out and that's taking a chance. I would have left it that the stonework looked nice and have a nice day.


There are too many people that think the way you do.

Never write their politicians, never send a letter to the editor about the newspapers content...never file a complaint...never complain to Lowe's or HD or whoever...never let the customer know what they did was wrong, etc, etc, etc, etc, etc....

There's an old saying...the squeaky wheel gets the grease.:thumbsup:


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## Robie (Feb 25, 2005)

heavy_d said:


> It's been eating at me for the last couple weeks. She'll probably just call me an ******* or something but hopefully not.
> 
> Sent from my SM-G930W8 using Tapatalk


You are not the *******. You did the right thing, not her.


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## Robie (Feb 25, 2005)

Leo G said:


> You still called her out and that's taking a chance. I would have left it that the stonework looked nice and have a nice day.


What? You think she is going to put her letter on social media and let everyone see that...she's a liar?


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## MarkJames (Nov 25, 2012)

Curious...does the landscaper get off scott-free here?


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## heavy_d (Dec 4, 2012)

MarkJames said:


> Curious...does the landscaper get off scott-free here?


For all I know he didnt even know about the deck. Unlikely though.

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## Texas Wax (Jan 16, 2012)

Robie said:


> There are too many people that think the way you do.
> 
> Never write their politicians, never send a letter to the editor about the newspapers content...never file a complaint...never complain to Lowe's or HD or whoever...never let the customer know what they did was wrong, etc, etc, etc, etc, etc....
> 
> There's an old saying...the squeaky wheel gets the grease.:thumbsup:


Politicians, newspapers etc are about effecting greater change and they welcome-ask for it as part of what they do. Sending an email like just comes off as butt hurt if not slightly whiny on the positive side. Serves no good purpose, what so ever. Just seems petty, in a gracious wrapper. 

Not that I don't understand HeavyD's feelings, I do. If I would have sent an email done Leo said; Looks great and a great choice, enjoy. Then hit send saying hope you ***** insert blue cloud of profanity***** for me to feel better about it. Then let it go. 

She'll probably be much more likely now to tell ten of her friends about the deck guy who couldn't communicate a sliding schedule to her. In a more real time manner. Made the decision real easy to go with the better option.


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## Jaws (Dec 20, 2010)

I'm the first guy to go to council, commisoners court ect... I spent money and a ton of time and made some enemies over that county road parking issue. Been to the capital half a dozen times to argue with state leg with TAB

I also have no need or want for reviews and am not concerned with negative reviews. 

I wouldn't of sent anything at all and if I did it would of been what Leo said. I agree with Tex. 

Dustin I would of given the deposit back. No skin off your ass you got plenty going on. :thumbsup:


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## Leo G (May 12, 2005)

Robie said:


> What? You think she is going to put her letter on social media and let everyone see that...she's a liar?


No I think she will say we had a wonderful landscaper who did this for us because the guy we hired didn't want to do the project when he promised.

And then they'll ask, who was that. And she'll answer them.

If you do a word of mouth business, 100 great claims can get squashed by 1 bad one. And people who are dissatisfied are usually very vocal as opposed to people who are pleased. The pleased people will tell about their experience if asked. The dissatisfied will announce it to whoever will listen.


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## heavy_d (Dec 4, 2012)

I enjoy reading all of your opinions and value them all. As this is the first time it's happened to me, I am a little butthurt. I'll get over it and move on. 

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## Jaws (Dec 20, 2010)

heavy_d said:


> I enjoy reading all of your opinions and value them all. As this is the first time it's happened to me, I am a little butthurt. I'll get over it and move on.
> 
> Sent from my SM-G930W8 using Tapatalk


Can't tell you how many emails I started and erased "You crazy, crazy hooker" :laughing:


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## Robie (Feb 25, 2005)

Seems there are a majority of people who are just willing to let a lie about you go unanswered....to let bad business practices go the same route.

"It doesn't do any good...it's a waste of time".

And then...we sit back and wonder.....


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