Having real problems with a commission

[maxedracer]

Hi everyone, just looking for some general advice as i have no idea what to do about this.

I paid a very respectable Hollywood SFX artist to do a private commission for me. He was very enthusiastic about it and things progressed very well for the first few months. He said we would work together every day up until the time to mold. Things started taking longer as he was working on movies and other projects. But would reassure me that things were going great, which is perfectly understandable. We never really specified a completion date. Any way, fast forward to 2 years later in November last year he promised to send me updated pics within a couple of weeks. It has been around 7 months since then and he has not responded to any of my emails or Facebook messages.

So after hearing nothing for 7 months, i asked for a refund which he responded to immediately. He apologised and agreed to give me a refund

"Please give me some small time to bring you a payment and I will have you fully reimbursed within a few pmts there after"

After a week had passed i sent this

"Hi XXXX, hope you are well. Don’t want to pressure you at all, am happy to give you time, I was just wondering if you knew when I could possibly expect to receive the refund ?"

He replied with

"I'm not sure yet, As soon as i have something solid i will email you, For sure, Thanks"

I'm a bit confused as i always thought refunds were given in a pretty timely fashion. Others were telling me that i needed to get on top of this asap, so i sent this at the beginning of July

""If you can get anything to me by the end of the month that would be really helpful" I figured 4 weeks was pretty reasonable

I didnt hear anything back all month so i sent this last night

"Hi,if possible I really do need the refund in the next few days. I am desperately trying to avoid further action and would really like to resolve this asap"

He then sent me this

"Hey

We jointly decided not to go any further on the project. I told you then, As now i have no job presently.
I asked for a refund after not hearing anything for 7 months after he ignored multiple emails and facebook messages

There is no deception on my part work is slow. I offered you a refund when i had the money, I don't have money now, Simply between jobs.

He has never offered me a refund when he had the money, the only time a refund was ever discussed was when i asked for one at the start of the month

If you want to rev yourself up...thinking i am trying to wrong you, Your doing that alone with out my participation...

His inaction and the length of time this has been going on is his participation.


Work with me.....we will get a refund, when i have a job and money.

If you want to send me sharp emails, well thats not my hope...


I would like us to be cool and resolve this calmly"

This is a guy who has these movies to his credit

Star Trek
Hellboy
Avengers
Batman Vs Superman
Into The Woods
Pirates Of the Caribbean
Underworld

the list in endless really, he has his own studio and goes around the world teaching and he cant afford to refund me until he gets another job?

Am i in the wrong here ? because i feel like the bad guy ? It has been 2 years and 3 months since i paid for this.

 

[ali032373]

How did you pay?

Did you pay all upfront?

My gut reaction is that he's not trying to swindle you because he hasnt just dropped off which would have been the easiest thing to do. But he's basically saying i cant give you what i dont have.

Not to preach but in construction contracts the parties lay out a time line for when work is to be completed. Once that stage of work is done, the buyer approves the work, then a portion of the full payment is made.

I think you may be out of luck short of bringing a lawsuit. And even then you may be out of luck as the statue of limitations may have run. Most states it's 2 years for breach of contract.

I'd keep asking nicely since you really dont have any other options. Ask if he can make x payment on x date. Try to get on a schedule he can work with and KEEP.

If he doesnt then the recourse is to tell him that youre going on every collector, sci fi, movie site and shout from the mountain top that he's a deadbeat. He agreed to do something, took your money, and then didnt agree. He's had more than enought time to perform under the agreement. He's a swindler, whether by choice or circumstance is irrelevant.

I would be clear that everyone in his industry and every collector would know what happened. And really thats the only card i see you having left.

 

[maxedracer]

Paid with paypal, gave half upfront. The original deal was half upfront then the other half after the sculpture was complete, but a couple of months or so after the initial payment he requested that he needed the other half for material costs etc.

 

[showboat]

Good advice from ali032373. You need to mention his name so others can avoid doing business with him. The way he
writes, I wont be surprised if he pulled this stunt before.

 

[maxedracer]

I'm afraid that if i tell people who he is he would sue me for slander, even though I'm telling the truth

 

[ali032373]

It would be libel (written) not slander (spoken). And truth is a defense to libel.

And he'd have a real hard time finding an atty with the facts youve presented unless youve withheld the fact that youre a millionaire. Rich people get sued waaaaaaaaay more than average or poor ppl.

 

[showboat]

In the US you can only sue for slander if the statements made by the defendent are false eg.
if what you are saying is true and you have the emails to prove it then he can't do anything if
you make your story public.

 

[Cap'n Cook]

Paid with paypal, gave half upfront. The original deal was half upfront then the other half after the sculpture was complete, but a week or so after the initial payment he requested that he needed the other half for material costs etc.

You agreed half up front and then he asked for the other half a week later?

Best of luck on this.

 

[maxedracer]

You agreed half up front and then he asked for the other half a week later?

Best of luck on this.

Ye sorry that was a little in accurate. I paid him the first half, then the sculpt was taking quite a bit of time to get right so he asked for the second payment a couple of months after the first + some unforseen material costs, but he was going to mold, cast and paint it essentially for free. He was only charging me for the sculpt

 

[tbay]

Sounds like your typical customs pyramid scheme. He takes money for projects to fund the next project (or his overspending in general). He won't get to your project or refund until he suckers someone else. He would never do this to his "industry" projects because they wouldn't stand for it. He absolutely could care less about your project and he has NO money saved so he couldn't even pay you if you forced him to.

It's ridiculous when these people will rip off non-industry commissions because they consider their industry work to be their "real job." These self centered douches make it seem like your money is not as important. Then after waiting an unreasonable amount of time (they expect you to be patient but not their industry commissioners) the commissioner gets slightly upset and the dbag usually insults you by saying "it's just a toy" or they just drag it on literally for YEARS. These people justify their actions because they reason that it's just a toy, which makes absolutely no sense.

It's the same old story over and over again. It's such a risky game to get involved in private commissions. I've been burned a few times so I feel your pain. I finally learned that it's just not worth the trouble.

I'm with everyone else: NAME and SHAME.

 

[Cap'n Cook]

Hmmm. It all sounds pretty suspect to be frank.

Think the whole 'Yeh but he's staying in contact' thing is a little laughable. He could do that for 10 years. Or eternity.


However, you unfortunately do not have a leg to stand on paypal wise and I wish you the best of luck.

 

[Lumos]

I'm curious to know who this guy is. What a shame.

 

[rjszar]

I had a commission with someone one time to build some Terminator models with custom dioramas. I paid half up front, plus sent a model that was worth quite a bit. I was in for about $750. The project got delayed for awhile, but eventually did start. Only some minor progress was made. Initially, correspondence was good. Then nothing for long periods of time. At one point he changed the name of his website and his e-mail. I managed to find the new one. I asked to have the project terminated and my money refunded. He agreed. After a bit more time, he disappeared, but luckily I was able to acquire his home address from what turned out to be a business partner. I was smart. I had saved every single e-mail we had ever exchanged. I printed them out and put them in a large envelope with a letter stating that a like envelope would be heading to the Attorney General's office if I didn't get my money and model back. He too said he needed time to pay and asked if he could make payments. I agreed. It seems that he was scared enough though that two weeks later, I had everything back.

Maybe badgering won't work, but maybe some good scare tactics will.

 

[mightyq]

your HUGE mistake is waiting 2 and 1/2 years.....i dont think your getting refunded buddy....thats a long time.....it's time to shame and out this guy on social media, only way thesse thievs will learn..

 

[rjszar]

The situation I mentioned went on for almost 2 1/2 years as well, and I got my money back. It's not totally hopeless.

 

[The Ween]

Do you know him personally? Maybe he's bogus with all the jobs he's done, etc.

Good luck! Hope you get your money back.

 

[maxedracer]

Do you know him personally? Maybe he's bogus with all the jobs he's done, etc.

Good luck! Hope you get your money back.

Hes definitely not bogus. I contacted him through the Stan Winston School as hes one of their teachers. In the beginning he sent me some pics of himself actually working on it.

 

[Sweet Rabbit]

This is one of the pitfalls of commissions of any kind

 

[Cap'n Cook]

What's his name again?

 

[maxedracer]

I'm afraid if i say it will just make things worse