Contract difficulties, need advice.

[JHR]

Missouri

Recently, I was in contract with a wedding venue. Three weeks before the contracted date, we had a change of heart and decided not to get married. The venue itself cost us total, $1750 with a $500 deposit to hold the date, which went towards the total. The contract states that upon cancellation, with over 6 months notice, $250 of the deposit is refundable, and none of the deposit is refundable if more time has passed. Nowhere on the contract, or website for that matter, does it state that we would not receive any of the $1250 back. She was not able to re-book the date and will not refund us any of the $1250 previously mentioned. Her argument is that the contract states final payments are due 60 days before the date and that any delay in payment will render the contract null and void (which is not listed on the contract). We had payed in full the balance before the 60 days. Is there any reason that we could not get the $1250 back? We will not be using her services, though she gave the option to hold a date for 1 year.

 

[swalsh411]

So the contract states $250 is refundable? And she refunded the $250? If so, what is the basis of your claim to anything else?

 

[JHR]

So the contract states $250 is refundable? And she refunded the $250? If so, what is the basis of your claim to anything else?

She has not refunded anything. The only mention to anything about cancellation on the contract is the following:

"A deposit of $500.00 is required to book your wedding date. The deposit will be applied to the cost of your selected wedding option. The final payment will be due 60 days prior to the wedding date. Once you have selected a date, a contract will be signed by both parties to guarantee your booking. Only one event per site is booked per day."

"If event is cancelled over 6 months from contracted date $250.00 is refundable. If event is cancelled between 3 – 6 months prior to event $250.00 is refunded when the date is rebooked. If event is cancelled 3 months or less from the reserved date the full $500.00 is non-refundable."

My confusion on this is that there is no mention of any other withholding. There is only the mention of the deposit.

 

[swalsh411]

Well it appears then there is nothing in the contract to compel her to refund it to you. You could always take her to small claims court but your contract doesn't state you are entitled to a refund.

 

[JHR]

Well it appears then there is nothing in the contract to compel her to refund it to you. You could always take her to small claims court but your contract doesn't state you are entitled to a refund.

It was my understanding that the deposit was specifically designated to hold our date. The 1250 would be for services rendered. Would it be reasonable to say that since services were not rendered I could obtain the money paid for the services?

 

[OHRoadwarrior]

It appears that relates to the $500 portion of the deposit. The final remittance appears to have no refund clause. Sounds like you owe $1500 in spite of cancelling. Never assume parts of a contract that do not exist.

 

[swalsh411]

It was my understanding that the deposit was specifically designated to hold our date. The 1250 would be for services rendered. Would it be reasonable to say that since services were not rendered I could obtain the money paid for the services?

It may or may not be reasonable but it's not the contract you signed. If she had been able to rebook the date then you would be in a better position to argue that she has not been harmed by your cancellation.

 

[tinaseals]

No Meeting Of The Minds

The offer has no effect if the other person does not accept it. A mere discussion of the offer does not constitute acceptance.

This is legal language from Missouri's Business Law contractual agreement section. Argue the contract void on the basis of lack of meeting of the mind.

 

[quincy]

The offer has no effect if the other person does not accept it. A mere discussion of the offer does not constitute acceptance.

This is legal language from Missouri's Business Law contractual agreement section. Argue the contract void on the basis of lack of meeting of the mind.

tinaseals, in this thread, a contract was signed. If you don't know what that means, don't pretend you do.

In fact, if you don't know anything about the law (and you demonstrated last night that you don't), don't post. Your posts are of no benefit to anyone and only work to confuse those coming to this forum looking for accurate legal information.

 

[ecmst12]

I see absolutely nothing to support such a statement (the one made by "Tina").

 

[OHRoadwarrior]

The advertising is in her profile.

tinaseals, in this thread, a contract was signed. If you don't know what that means, don't pretend you do.

In fact, if you don't know anything about the law (and you demonstrated last night that you don't), don't post. Your posts are of no benefit to anyone and only work to confuse those coming to this forum looking for accurate legal information.

JHR, please ignore tinaseals. S/he is a forum troll.

 

[ecmst12]

That's not exactly advertising. But her posts are advertising how much legal knowledge she does NOT have.