California Surveyors Forums

We got an email with the subject line "Hello There"; the body reads "This is David Link
I'm a general contractor and I'm looking for a land survey. What area do you serve?"

I replied "Send me an address or APN and I'll send you a proposal".

He replied with an address of a 30 ac site in Los Angeles and I sent a proposal and a retainer invoice.
He paid the retainer by ACH and the funds cleared.

One day later he sent: "Good morning, I am writing to formally request a refund for the payment I made for the land surveying services rendered for my property Unfortunately, I have recently been informed that there is a government hold on the property, which prevents any further transactions or developments from proceeding at this time. Given this unexpected situation, I believe it is appropriate to request a refund for the services that cannot be utilized due to the hold. Please let me know the process for initiating this refund and if I can send over my wire transfer info or Zelle . I appreciate your understanding and prompt attention to this matter. Thank you for your cooperation. Best regards,"

The very next day we got an email with the subject line "Hello"; the body reads "This is David Toal
I'm a general contractor and I'm looking for a land survey. What area do you serve?"

These must be scams, right? But how do they work? Has anyone else gotten one of these? What's the object of the exercise? How can I safely refund the deposit? Should I report this to the FTC? The California AG?

Just heard from a detectiive. It's a money-laundering scam. They're washing stolen funds.

Its is a scam. I used to ask for a deposit but have changed it to a retainer.
If a client wants cancel, I explain that the retainer bought a spot on the calendar and is not refundable.
If the money is in your account, keep it and tell them they have a credit towards future survey work.

Interesting POV. I'd be comfortable with that idea if it weren't some innocent third party's funds.

My standard agreement calls for a retainer, not a deposit, but I may have to rephrase a couple of things going forward...

Does your contract emphasize that the retainer is non-refundable? Does it state the amount as "liquidated damages"?

I found this while searching online:
A classic retainer "is a sum of money paid by a client to secure an attorney's availability over a given period of time. Thus, such a fee is earned by the attorney when paid since the attorney is entitled to the money regardless of whether he actually performs any services for the client…By contrast, a retainer given as an advance deposit against future fees constitutes property held in trust for the benefit of the client and, as such, is property of the client.”
77 F.3d 1201

It looks like classic non-refundable retainers are exclusively for attorneys (figures!).
Also found this:
Retainer: Refundability depends on the retainer type:
Faithful retainers are typically non-refundable, but they remain rare and are heavily scrutinized.
Security retainers and advance fees are refundable until the lawyer earns them through actual work, even if the contract says otherwise.
Attorneys who mislabel advance fees as “non-refundable retainers” risk disciplinary action for violating ethical rules.

create a paper trail.
not just email. print the email on Paper and ask to correspond by USPS.
Inform your bank about what is going on.

I have no qualms about refunding all of it, but charge for All of your time involved.

the detective's opinion that it is money-laundering and stolen funds is off the wall. It's just an Opinion.
(remember "money-laundering" can just be Tax Avoidance ... we all avoid taxation)

in this day of rampant Sanctions getting access to your money can be blocked or made very difficult.
going to the bank and getting Cash for your money on deposit might be a Big surprise.

Inform your bank about what is going on. phone call first, then follow with Paper.
you don't want to have a stinky finger if your client is being pursued...

CHARGE for your time for that too.

PS: personally, one of my banks was accused of some off the wall wrong doing, and got sanctioned.
access to My Money is difficult...and defiantly not easy or fast.