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Are notes in memo lines of a check legally binding in Arizona?

Arizona

I accepted and cashed a check from a painter as settlement for a seriously substandard job. I took the check because he refused to do what I thought was necessary to fix problem, instead wanting to do touch-ups. I won't go into all the gory details about the number of times I'd already called him back and his excuses, and how bad the paint job was (lots of pictures though). The gist of my concern is what he wrote on the memo line, which I overlooked in part. What I did catch was the 'Release from all claims...", which I was ok with - he did a very poor job, was extremely belligerent and combative, and refused to correct it, so I had no intent to try to recover an further cash/compensation/damages from him beyond the amount of the check. I simply moved on to another painter. However, I had every intention of posting reviews and pictures on contractor review sites to make others aware of his quality of work and did so. I was challenged almost immediately by a rep from the company claiming I violated terms of the settlement. The part of the memo line I overlooked, which was written in smaller print than the 'Release...' part of the memo and required some squinting on my part to make out even after it was pointed out, said "...known and unknown and reviews". My question: is that memo line legally binding in Arizona? Common sense would seem to indicate No, as I could have written anything in that memo area myself (ie, "partial refund for poor job, balance due in 30 days") before depositing it, but I'm not an attorney. Thank you in advance for your help.

3 replies

Jul 7, 2020
Probably not. Which is not to say they could not sue you for it. Accord and satisfaction is what it is called when you agree to settle claims and the settlement is noted on a check as final settlement of claims. That is a separate issue from whether a confidentiality agreement (which is what they are really claiming) can be enforced the same as accord and satisfaction. The answer is probably not. It's not even clear what a "known or unknown review" is, which is just one reason why you should not try to fit your contractual agreements on a check.
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Jul 8, 2020
Would it be possible to get a further clarification? I may have muddied the waters when I broke apart the contractor's phrase in my explanation. The exact phrase he wrote on the memo line of the check is "release of all claims known and unknown and reviews" That is the exact case, wording, and punctuation. I believe the statement is flawed without commas, essentially making that all one condition. In order to violate that, I would have to file a known claim AND file an unknown claims AND write a review. No one item by itself, or even any two, violates the condition the way it's written. Thoughts?
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Jul 8, 2020
My answer remains the same. What on earth does it mean to "release" a "review"? It doesn't make any sense. "Release" is not a synonym for "will not write" or "will not give". You can release a claim. I don't know how you would release a review, particularly one that was not in existence at the time you cashed the check. Remember, just because it is not enforceable does not mean they can't sue you over it to try to enforce it. Any idiot can file a lawsuit for just about any reason.
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