Arborist Refuses To Return Overpayment
Location: Tennessee
I had hired an arborist to review trees that were damaged on my property. I hired him for a $3500 retainer that was nonrefundable. He did his work and sent me a bill for $4100 for his work. Before paying this separate invoice I thought it was odd that the retainer was not applied.
Before paying for the bill I specifically asked him if I was to pay this separately how the bill worked. I told him it would be a total of around $7000 I’ve spent and asked if the retainer is applied and then I’m returned the overspend.
He confirmed yes, that the retainer is applied to the final bill.
Now I closed my account with the arborist and he’s refusing to return me $3500 that I overspent. He’s saying he doesn’t refund the retainer. I told him it’s not the retainer he’s refunding, it’s the money I overspent on after being confirmed that he would apply the retainer to the final bill and issue me a refund.
He’s not saying he’s not returning the money, apologizes that I was deceived, and says your account is closed.
Now I don’t know what to do. I’m putting together a demand letter but there’s a mediation clause in our contract before I can go to arbitration, which I am going to have to spend a large amount of money.
What is the best way to approach this? Do I or can I report him to any boards? He’s ISA and ASCA pcertified. What is there to do in this situation?
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