Wedding Photographer - breach of contract

[persvaca]

What is the name of your state (only U.S. law)? NY
My fiance and I signed contract with wedding photographer. The photographer offered several packages, and we selected his minimal package which was full coverage plus cd of all images. Photographer stated how wonderful the pics are but refuses to give the disc. He keeps stalling and making excuses. We've seen none of the images yet, so cannot even say how nice (or not nice) the photos are. Our contract was very clear in what he would provide. He may want to sell us prints, enlargements, etc but cannot legally demand (and has not) any additional money. What recourse do we have? We just want our pics, and he is holding them hostage.

 

[justalayman]

If they will not comply with the terms of the contract and you cannot negotiate an acceptable resolution, you are pretty much relegated to suing them.

 

[persvaca]

Thank you. We want the photos as contracted. What court do we open the case in?

 

[justalayman]

if the value of the contract is less than the small claims limit in your state and if they allow for a demand of performance of a contract in small claims, you would start with getting the forms to file such a suit. If this must be taken to a superior court, it may be best to speak with an attorney as the rules are more strictly enforced. It can be done by yourself (pro se) but it takes more effort and you must educate yourself on the process.

 

[AnonUserName]

What is the name of your state (only U.S. law)? NY
My fiance and I signed contract with wedding photographer. The photographer offered several packages, and we selected his minimal package which was full coverage plus cd of all images. Photographer stated how wonderful the pics are but refuses to give the disc. He keeps stalling and making excuses. We've seen none of the images yet, so cannot even say how nice (or not nice) the photos are. Our contract was very clear in what he would provide. He may want to sell us prints, enlargements, etc but cannot legally demand (and has not) any additional money. What recourse do we have? We just want our pics, and he is holding them hostage.

Did your contract state a time frame as to when you would get your pictures and has that time frame passed? If no time frame stated, how long have you been waiting?

 

[persvaca]

waiting more than a month, was told three weeks

 

[quincy]

waiting more than a month, was told three weeks

I would not think about suing the photographer at this point. An extra week or two is probably not worth the time and expense of legal action. As Stevef would say, "Pashunts, grasshopper."

 

[persvaca]

I would not think about suing the photographer at this point. An extra week or two is probably not worth the time and expense of legal action. As Stevef would say, "Pashunts, grasshopper."

Understood. But at what point do we take further action? The tiem frame is already past, and there is no eta.

 

[Mass_Shyster]

Understood. But at what point do we take further action? The tiem frame is already past, and there is no eta.

Send a formal demand letter, certified, return receipt requested. You may also want to include a copy of this story from the New York Times:

http://www.nytimes.com/2011/11/03/nyregion/suit-against-photographer-seeks-re-creation-of-wedding-after-divorce.html