Cancel verbal contract

What is the name of your state (only U.S. law)? NY

I have a verbal agreement on the phone with a person (owner of the company) to do videography/photography for my wedding. He wanted a 1 time payment of $4K. I was kind of rush and believed it was a good deal. I provided my credit card and he charged the full amount. He sent me an agreement via email asking to sign and return but I haven't signed sign yet.

For some reasons, I don't want to go with this company anymore. I contacted him and requested to cancel the service. He texted me that he was busy and would call me back. Finally after 3 days, I was able to talk to him. He told me that he reserved photographers/videographers for my wedding date (which is 3 months from now) with $500 deposit. He can only give me back $3500 and can't promise when to refund the full amount.

What can I do in this situation? Should I contact my credit card and dispute? Or I have to stick with this and lose $500?

Any advice would be helpful. Thanks.

did he give you any terms required to be followed or costs incurred if you should cancel?


If he hasn't, then you typically do not have the right to rescind. If he is actually bound to a contract with photographers or such, he would have all rights to actually refuse to rescind the contract let alone charge you for his losses.

Honestly, having to provide a deposit and contract workers at 3 months out is quite acceptable. Unless you want to argue he has not actually incurred those expenses, you do not have a valid argument that he not charge you.

The term is $3500 refund with no exact date.

can this be under the statute of frauds?

Thanks,

johnt2011 said:

can this be under the statute of frauds?

Thanks,

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under what basis?

justalayman said:

under what basis?

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Well, I don't know much about laws. That's the term I found on the Internet.

Originally, he said there would be no tax if I paid cash. His office is couple hours away and I wouldn't be able to make it there. Then, he agreed to accept credit card and "eat up" the tax. I just feel that I was being rushed into the deal. Also, on the phone, there wasn't any mentioning about refund or cancellation fees.

I don't mind losing $500 but the fact is that his attitude and he doesn't give me the approximate date to refund the rest of the money.

If I dispute with my credit card company, and he sues me and I lose, will I have to pay for all court and his lawyer fees?

Thanks.

I don't mind losing $500 but the fact is that his attitude and he doesn't give me the approximate date to refund the rest of the money.

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I agree with you there. There should be an immediate refund.

If I dispute with my credit card company, and he sues me and I lose, will I have to pay for all court and his lawyer fees?

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It's hard to say. Lawyers fees are not typically awarded without justification, even to a winning party. Personally, I would consider this action. What the CC company may do for you is simply revert the charges, minus the $500 and all will be well. If they will do that, the photog has nothing to sue for.

I see nothing improper about such an action at all.

I would at least contact the CC company and speak with them about it.