You mention that over your communication with this client, it was stated that the price paid by the (third party) buyer is the number that counts toward the price of the upgrade. I would assume that some of this is in writing and that you can also remind your client of it.I do have the invoice and wire-confirmation showing the $70K which I received for it. I can forward those to her.
This. That is why I was hesitant to suggest a lawyer. Now i know that in the past, PS has come together to create a gofund.me. Without offending Wink or anyone, is that something this community would be willing to do to help him hire a lawyer? Pleas e feel free to report and remove this comment if it’s not appropriate.@Wink all those advising you to dash out and hire an attorney have probably never hired an attorney. The going rate for a decent attorney is at least $400/hr, and the $14,500 at risk here would be eaten up in no time at all if a legal battle ensues.
Having said that, if your client is not from Idaho, she would be faced with having to hire an attorney in her home State, and they would have to hire an attorney licensed to practice in Idaho in order to file a suit against you in Idaho. In other words her claim to $14,500 would be eaten up in double dip attorney fees in next to no time!!! So she has much more to lose than you in any legal battle.
One possible course of action for you might be to tell your client that under the circumstances no return is possible. Any attorney she consults is going to want to see all her documentation, and then demand a huge retainer because they'll quickly figure out this case is a loser! It's possible she'll just go away at that point, or she'll lower her demand to the correct amount.
This.Please contact a lawyer Wink. I don't know what her motives are, but I do know that one can't communication rationally with an irrational person, and one can't communicate honestly with a thief.
Just my 2 cents but it seems when people hear "seek legal counsel" they tend to think it's a fight in court. Reality is an attorney is a paid advisor with knowledge of the law and can be intrumental in formulating a strategy. All regardless if it ever enters a court room.@oldminer makes some good points about @Wink limiting further details on here, in the event of any potential litigation.
For those disputing the value in getting sound legal advice, I’m really kind of baffled. This transaction is a contract, and there is a dispute about the terms of the contract. The two parties are not seeing eye-to-eye on the path forward. Wink has a business to protect, as well as a reputation which is paramount to his business’ success. He can consult with an attorney to determine his rights/what the law dictates; it doesn’t mean he has to pursue a court case. I think that’d be incumbent on the buyer if she doesn’t agree with the terms offered to her for the refund.