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What is the most that can be charged over a quote?

Nyack, NY |

A Photographer under-quoted a job for 2300. The job turned out to cost 6500. They asked that we try to make up the difference. We have now paid 4800. all together. This week they made an unauthorized charge against our credit card for this job which now we have paid 5200. I am wanting to ask for them to credit us that because it was unauthorized. I am wanting to know the law so I can proceed. Is there a certain percentage that can be charged over a quote given for a job?

Attorney Answers 3

Posted

You have to look at the terms of your agreement with the photographer to see if there is anything that would permit him to charge more than the original price agreed upon. If there isn't anything in the contract that would permit him to charge you more than the agreed-upon price, then he can't and his making additional charges on your credit card that you haven't agreed to is wrong. Not only would he owe you the money back, with interest, if the contract did not permit him to make the overcharge, he might be subject to criminal liability for theft.

Given the amounts at stake here, I would suggest that you at least consult briefly with a competent local attorney to see what your options are.

My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference. If you wish to consult with me please contact me at dana@nytaxcounsel or visit my website at www.nytaxcounsel.com

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Posted

What does your contract in writing say? what does the credit card authorization that you signed say?

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

The quote was given to me through an email which I still have. It simply states how much it would cost me for the photography services. There was no contract. I did quite a bit of other business with this company all of which did have contracts, but this did not, only a simple email. The other contracts mentioned nothing about photography.

Posted

I agree with my colleagues who have previously answered. I would simply add that there is no set "most" amount that can be charged over a quote. This would be governed by your agreement with the photographer, as would the credit card transaction. Check out the agreement and see if you can find a local attorney to do the same. Also, if you believe the credit charge was unauthorized, you may be able to dispute it with your credit card company who will make inquiries on your behalf as well.

Good luck resolving this issue.

The author of this posting is licensed to practice law in the State of New York. He specializes in litigation matters relating to personal injury, construction accidents, auto accidents, slip and fall, dog bite, contract litigation, property litigation, civil rights, ERISA, and Social Security matters in federal, state and local courts, with a focus on courts in Staten Island, Manhattan, Brooklyn, Queens and the Bronx. This posting is intended as general information only, is not provided as legal advice in connection with any specific case, and should not be construed to create an attorney-client relationship.

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