QUESTION
Can a vendor hold onto a deposit (ie. wedding) after cancelling the wedding 9 months in advance in Mass?
Asked on Nov 28th, 2013 on Contracts - Massachusetts
More details to this question:
Hi. My question pertains to a wedding deposit. Agreed to the wedding venue to a wedding date. Placed 1000 deposit to hold date. Needed to place 1/3 remainder of deposit 3 months after that date. Placed 2000 deposit on a Friday Night. After further consideration, called venue and told informed them of a cancellation on Sunday. No vendors were contacted or services rendered. Asked for 2000 deposit back. Declined by venue. 3 months later, no communication. Sent certified letter to owner of venue, no responce. Now placed a claim in small claims court based off of venue holding money for services non rendered. Venue did have event on stated wedding date. No contract signed by me. Do I have a leg to stand on? Can they hold onto my additional 2000 dollars without provided any services in any fashion? Thank you for your time.
1 ANSWER
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Given that you didn't sign or initial any terms or conditions related to engaging with this vendor, you should be entitled to a refund equalling your entire payment (especially when they incurred no loss.) First ask for such a refund through a demand letter addressed to the vendor (with return receipt confirming delivery) giving him 30 days to refund your payments in full or be ready to challenge in court a violation of MGL chapter 93A for unfair and deceptive practices. At the expiration of the 30 days, if no response is received, you can file in Small Claims (including the demand letter and return receipt) and possibly get multiple damages (up to 3 times) if their actions were found to have violated 93A.
Answered on Dec 02nd, 2013 at 4:11 PM