Should It Be Stated In Contract?

Did she pay you?

Although it would have been better to include it in the contract, you are not her bank. You can send her an email or letter with an ultimatum. That is perfectly legal. It has to be in writing though. on the other hand, if the client is a returning client or you think she might come back for more, it is probably better to be a little flexible.

Rhonda, when I am asked to paint a commissioned work, unless I know that person really well, I always ask for 50% up front. That way you are not left holding the bag and if they never come to pick it up, you win anyway. I would simply call again and let her know that you were gently reminding her that you would like to deliver or set up a date to exchange. Be sure that you tell her CASH only or you may get burned.

if she didn't pay you - it's yours. tell her you plan on selling it to someone else if she doesn't want it. you don't deliver, there is no reason for you to go out of your way to their house, only to be stabbed or something (probably won't happen, but still you should be on home territory. as others said - 50% up front, 25% on approval of design, final 25% when complete, you'll have 75% at that point if they don't pay. and it's still not theirs because they didn't pay yet. i would make a contract for the future that reflects this, along with something that says - the client has XX amount of days to give the final payment or something will happen, i don't know what.

but i would contact her and tell her you can't hold it forever, and that you have another interested client in it, they saw it when they, i dunno, came to buy something else from you. and this is a business, you've waited way too long for it, 3 months is a long time, if she doesn't come up with the money very soon, she won't be able to buy it. see if she falls for that.

---Mike Savad

If she never paid anything at all, I don't she ever had any legal claim to it so you wait as long you want.

I would treat it like any other painting in inventory. It is for sale to the fist buyer with the money. I would give her the courtesy of letting her know that. However,there may be more then just a little buyer remorse in play here. She may be glad to get the notice that would effectively let her totally off the hook, assuming she had any conscious at all and ever felt she was even slightly obligated to follow through.

Good luck and in the future consider getting at least 50% deposit is what I would recommend.

Thanks everybody. Next time I think I will give a deadline for pick up or delivery. That will make it easier.

it is not that simple. Whether she paid you or not, there is still an agreement. Unilaterally claiming ownership without giving the other party a change (in writing! Verbal means nothing) does not dissolve the agreement just like that. The only way to do is to give them an ultimatum, which can be as short as 24 hours. (within reason)

If it were me - whether I am depending on the money or not - I would contact her and let her know that someone else loves the painting and wants to buy it. I'd remind her that the painting has been ready for 3 months and that I would like to be paid for it now. No ifs ands or buts - If she says she is not ready, I'd very politely tell her that I am selling the painting to the other person since it is just sitting collecting dust when it can be enjoyed while hanging on the other person's wall End of story... I'd be done with this woman and I wouldn't accept any more commissions from her without payment-in-full up front, in the future.

I think you have been more than patient and fair with her and she sounds like an inconsiderate person. I'd ignore any contract we had and let her attorney contact me if she is that inclined.


--Donna Proctor

As long as it is in writing. (I was a contract administrator/manager/negotiator for 25 years.) I agree with you Donna, after 3 months no more Ms. Nice Girl!

So many details missing in this discussion. Was "any" money exchanged. What is your relationship to the person. Is it a portrait of someone? How much time, money and effort have you put into this? You mention a contract. Is it a verbal contract or a written contract?

Too many blanks to give an answer.

I do know this, money up-front is always the best way to go. A non-refundable down payment.