QUESTION
What can we do to not have to pay 50% and what can we do to get our deposit back?
Asked on Mar 19th, 2014 on Entertainment Law - North Carolina
More details to this question:
We signed a wedding contract with a venue but our vision has changed and we need to go with an alternate venue. The contract called for an initial deposit and a 50% of the anticipated food spend, if cancelled within 180 days of the event. We are 175 days away from the event.
3 ANSWERS
Assuming that you are an adult, you signed the contact and now you are bound by it. Talk to the other party and see if they are willing to return more of your deposit. If they can find another couple to rent the facility and the services on the date(s) you contracted for, they may be willing to return more of the deposit. However, they are entitled to keep whatever the contract calls for.
Answered on Mar 21st, 2014 at 12:32 PM
I cannot give a definitive answer without reviewing the contract. Based on what you have written, you may be out of luck. But, check with a lawyer in your jurisdiction.
Answered on Mar 21st, 2014 at 12:32 PM
2 Awards
Contractually, this is a tough one because you've waited too late. You may need to see what the other portion of funds retained will be after missing the deadline, because they don't have a contractual obligation to you. From a practical standpoint you can threaten to sue, but you'll likely not get very far after the business consults with its attorney. Most times, you'll spend more money trying to get out of it than you would foregoing it. The key is to call and reason with them. Talk to the manager and explain your situation, why you're late, and ask if there are any other remedies. Don't verbally or orally concede any wrongdoing, but probe as much as possible about possible workarounds or options. A suggestion is to make is clear that you're active consumers and that you know how to use Yelp, the BBB, and etc. Therefore, you'll exercise your truthful reviews to deter future venue reservations. You, of course, should not make any untrue statements.
Answered on Mar 21st, 2014 at 12:32 PM