How should I proceed in a dispute with a hired painter?

Questioner

We recently entered into an agreement with a painter for work on the outside of our house for €5500. The quote states a total price, nothing is mentioned about post-calculation additional work or budget items. Immediately upon commencement of the work, the painter reported that the wood was in worse condition than he thought, and that the job would therefore be €10,000 higher. We did not agree to this. His response was then that we should cancel the order, in which case a cancellation fee of €4800 would have to be paid for work already carried out (almost nothing) supplemented by an amount of 60% of the total agreement. This would be stated in the terms and conditions. Under protest and great pressure in a personal conversation we agreed to this because we had no idea of ​​our position. Immediately after our agreement, the painter gave us one last way out: offer additional work on the facade of the house and then continue working for a total amount of €16,000. Due to the emotional position we were in at the time, we verbally agreed to this so that we would be free of the cancellation fee. The painter did demand a direct deposit of €4000,- via bank transfer, which we paid. The next day, the work was resumed in small steps, although the painter first had to have €2000,- in cash to purchase materials, which we unfortunately also paid. Because of the bitter feeling we were left with, I started looking into what our rights actually are in this story. I soon discovered that the conditions were never sent to us or shown to us and are not on the website either. In addition, I read everywhere that the fixed price as described in the first agreement should be binding. The quote also makes no reference to the conditions. On the advice of a lawyer friend, we have communicated these findings to the painter by email, in which we still offer him the opportunity to complete the work of the original quote in consultation. Since then, the work has been at a standstill. We would like to know where we stand if it turns into a legal conflict, because we suspect that the painter is seeking legal assistance. Kind regards

Lawyer

The painter must in principle work for the agreed price, but you have always agreed to something else. May I ask if you have already calculated that the painter is not asking market-conform prices from you, so in fact fraud or deception is clear? Because then you would be in a stronger position in a legal dispute. For services such as labor and materials, a maximum of 50% down payment may be requested.