What to do if the money was transferred under the contract, but there is no contract itself?

Question

Freelance

Agreed on a project. The contract is prepaid. I sent the customer a contract to sign. The customer transferred the money to me, but I still have no contract. The thought crept into my head that he was doing this on purpose to start manipulating me. I had experience and work on trust (yes, I know it’s stupid and I don’t do that anymore), but there I was confident in people and everything was always clear. And here I really write every day, and I will answer yes tomorrow. Yes, it will be tomorrow, etc., but we transferred the money to you, so don’t worry about all the rules. I don't like it, what should I do in this situation? I understand that the money is already in the account, you need to report for them, what is the best way to proceed? What should I do to, for example, send them and terminate them (although formally I did not see the contract signed) and there were no problems in the future either with them or with the tax authorities?
Money in the account, I'm an individual entrepreneur. We are in different cities, the signature of the contract by e-mail.

Answer 1

There is an agreement, the agreement states that the Customer makes an advance payment.
There is money, but there is no contract. => money is not included in the contract.
When an agreement (signed) appears, from the date of its signing it will take effect. The customer must make an advance payment, then the money sent will be related to the contract (if you decide so).
Now your relationship has the level of an oral agreement, which is very difficult to prove from each of the parties: about the terms, conditions, amounts, etc.
In general: inform the Customer that his prepayment does not make sense and you are ready to return it. You are waiting for / requiring the signing of an agreement so that your relationship is legal in nature. And only after receiving the contract signed by both parties, your relationship takes place.
Your doubts are justified - no one gives money just like that => they want to "fuck" you

Answer 2

If you plan to work with the customer further - inform that you have suspended work until the contract is received - and you are ready to return the prepayment in order to avoid legal problems.
If you do not plan to work - return the advance payment, stop work.
While there is no agreement - there is a wide field for scammers from all sides - and you can throw, and you can be thrown. Judging by the fact that the contract is not sent, they planned to throw it initially.

Answer 3

All these remotely signed agreements in general, according to our legislation, hardly have legal force, unless, of course, you and this customer did not sign an agreement in person that you recognize facsimiles. Also, it is unlikely that you check all the data of the passport of the person with whom you sign the contract, or the documents of their organization, up to who in it has the right to such a signature and whether he really has such a signature ... That is why I would not bother.

Answer 4

Without a contract, they can throw.
If they are clearly trying to get away from signing the contract for implausible reasons, then they can not just throw it away, but plan ahead.
If there is no agreement, then they can then demand back the transferred money, and the law will be on their side.

Answer 5

You have a lot of emotions, zero information.
signed by you? I think yes. Otherwise, the customer would not transfer money
in the payment it is written that the payment is under the contract, number, date?
it is quite possible that they do not really understand that this is a serious problem for you.
If they have an agreement that you signed, for their part they probably also signed it. So the treaty came into effect. They paid the advance. And they expect you to fulfill the contract. Therefore, if you return the money now, there may well be problems - it already depends on the desire of the customer.

Answer 6

Good afternoon! Do you have a document confirming that you sent the contract?

Answer 7

It's not all that simple.
Even without a signature, if there were actions under the contract, then it can be recognized as concluded. Here is an example:
https://journal.tinkoff.ru/no-contract/
Much depends on correspondence, on facts.