contract broken and still want moneys

[harleymarie7]

we live in indiana and we hired a videographer from massachusettes for our wedding (which was there)in september 2000 and are just now recieving a tape. on the contract it states under terms and conditions "8 to 16 weeks (depends on season) should be allowed for completion of the order", my husband and i inquired frequently on the status of our wedding tapes and the same response was given "that we could expect our tapes within 2-3 weeks", and this went on for 6 months. we were just informed that we still owe them $599, since we are just now recieving one tape and it is well past the 16 weeks, is the contract broken and are we still obligated to pay the remainder? if the contract is broken what are our rights and obligations to the contract and also what are their obligations to us?

signed: extremely frustrated newlyweds-please send help!!!

 

[I AM ALWAYS LIABLE]

My response:

He wants to be paid first, and before you get your photos ? What ? To "hang you out to dry" for another 6 months ?

Tell him, No. Here's how it's now going to work :

Since obviously "trust" is a big factor, and since he's already breached the contract, you tell the photog that the only way you're going to pay the balance is if he pays for a bank escrow officer to receive the balance of the photos, etc., and that you can give your money to for deposit.

If everything is delivered to the escrow officer to your satisfaction, and the quality is to your satisfaction, and you want to take delivery, then the escrow officer will release the goods to you and be authorized to pay the photog.

If he refuses, you tell him "NO DEAL".

Good luck to you.

IAAL

[Edited by I AM ALWAYS LIABLE on 06-08-2001 at 07:52 PM]