Free MHIC Training

Must you refund a deposit if the homeowner cancels before work starts?

Short answer. Generally yes, beyond your actual costs. If no materials were ordered and no work was done, keeping the deposit is legally questionable, because the MHIC and courts expect any amount you keep to reflect actual damages.

Work it through

You're the contractor. Pick what you'd do, then see how each choice plays out.

A homeowner signed a contract and paid a $3,000 deposit for a deck build. Two weeks later — before you've purchased materials or started work — they want a full refund. This was NOT a door-to-door sale.

"We changed our minds. We want our money back. All of it."

  1. Correct

    If no materials were ordered and no work was performed, your actual damages from cancellation are minimal (perhaps some estimating time). Retaining a $3,000 deposit when you've incurred zero costs is legally questionable and ethically wrong — and it's an easy MHIC complaint. A full refund with a professional response ('We understand, feel free to call us when you're ready') protects your reputation and license.

  2. Legally defensible but questionable

    If your contract specifies a cancellation fee, you may be within your rights. But $600 for zero work performed feels punitive to the homeowner. If they complain to the MHIC, you'll need to justify what that $600 covered. 'Administrative fee' for two weeks of holding a deposit isn't compelling. The goodwill of a full refund is worth more than $600.

  3. Wrong

    Holding $3,000 with zero work performed is the kind of practice that generates MHIC complaints, Guaranty Fund claims, and negative reviews. Even if the contract technically supports your position, the optics are terrible: contractor takes money, does nothing, refuses refund. The MHIC and courts generally expect retention to reflect actual damages, not punitive holding.

All 11 deposits, payments & change orders questions

  1. How large a deposit can a Maryland contractor take?
  2. Can you accept full payment up front for a home improvement job?
  3. Must you refund a deposit if the homeowner cancels before work starts?
  4. How do you collect an overdue progress payment?
  5. Can a homeowner hold back part of the final payment?
  6. Who pays the fee when a homeowner pays by credit card?
  7. Does added work need a written change order?
  8. Can you collect for extra work that was never put in writing?
  9. How do you handle a weather delay past the contract completion date?
  10. What if the insurance payout is lower than your estimate?
  11. How do you handle a client whose vision is bigger than the budget?