QUESTION
I sold my wedding photography business back in July, 2010. As part of the sale, I agreed to finish up albums for a handful of brides. I have one
Asked on Mar 13th, 2012 on Business Law - Colorado
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last bride to deal with & have been waiting for her to finalize her layouts for her album for nearly two years now. She has requested change after change in the album even though the album is similar in quality and design to other brides who have been more than happy with the final layouts. It was April of last year that I sent revised layouts and she told me she would get back to me. She never did until this last Friday, March 9th. I''m wondering, is there a "statute of limitations" of some sort protecting me from an excessively anal bride who has taken nearly four years from her wedding date to get her album approved and completed? I am happy to honor getting the album done, but since I''m no longer in the industry and I don''t own the business anymore, what can she do to me if I don''t agree to her prolonged changes and unreasonable high demands? I feel like she is taking advantage of me now.
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As a general matter, the statute of limitations on contracts is much longer than the two years in question. In any event, you appear to have waived this limitation by continuing to perform (or at least reassuring the bride of your continuing willingness to perform), notwithstanding the passage of time. If you sold the "business" but made a personal promise to a former customer to continue to perform, it would appear that you are bound by that promise.
What can she do to you? It depends. Certainly anyone can sue anything for anything. If she has prepaid for these services, she can get her money back, with interest, if she wins. In addition, you may be forced to defend yourself and to expend attorneys' fees to do so.
Whether her demands are "unreasonable" is, of course, a question of fact. It does not appear from your posited facts that there were any contractual limitations on what she could demand, and you appear to have acquiesced in her demands to date. This doesn't look good from the standpoint of an onlooker.
Answered on Mar 14th, 2012 at 8:50 AM