unforseen events doomed this relationship...now i need to recover alot of expenses such as a contractual agreement to rent a big hall for the wedding reception thats not gonna happen...the hall will not refund the deposit...now what?
2006-07-22 00:34:43 · 13 answers · asked by whyASKwhy 2 in Politics & Government ➔ Law & Ethics
If no refund due to cancellation is in the contract, you have no right to get the deposit back. $4000 for a night's deposit on a hall seems a little steep to me anyway, but that must be what you agreed to.
The best you can do is try to work something out with them, like seeing if they'll return the deposit if you do the legwork to get someone else to rent it that evening. If it was that expensive, I'd imagine that it's a place that a lot of people would like for a wedding, so maybe it won't be that hard to spread the word to friends and co-workers to see if anyone else might be in need of it. I'll bet the owners would refund your deposit if that was the case.
2006-07-22 00:52:09 · answer #1 · answered by patricklee 2 · 0⤊ 0⤋
The individuals that said "if it's in the contract..." are generally correct. However a bit of clarification is needed.
Generally when people put a deposit down on a contract, there is something in the contract called a "liquidated damages" clause. In a nutshell, this is something that says, "in the event of a breach of this contract, the lessor(hall owner) will retain the deposit". However, one of the underlying theories of contract law is that a liquidated damages clause cannot be used in a punitive manner. Thus if the deposit was excessive for the type of total liability, then it might be deemed excessive by a court.
In other words....
If your 4 grand depsoit was on a 4100 dollar hall, then it is likely that the court would find the liquidated damages clause excessive. If the 4 grand was on a 100,000 contract, then likely to be found not excessive.
There's not a legal black and white answer to this question. If they refuse to give the $$$ back, your primary recourse is to take them to court. Small claims court might be an option in your state. Most small claims courts have a 10,000 dollar limit now on what they can hear. This will save you the cost of an attorney, and in most jurisdictions, the filing fee for small claims is less than the filing fee for s standard lawsuit.
If of course you go to small claims court, brush up on contract law, especially in the area of excessive punitive damages on liquidated damages.
2006-07-22 02:11:21 · answer #2 · answered by word_man7 3 · 0⤊ 0⤋
It depends on what the rental agreement says. I mean if it says NO REFUND, then your screwed. BUT I do happen to have a hall that I rent. My agreement shows NO refund if canceled. BUT to keep things nice If I can RE-rent the hall before the date of the rental, then I WILL give back if not all then at least 80% of the money. GOOD LUCK
2006-07-22 00:40:29 · answer #3 · answered by GRUMPY 7 · 0⤊ 0⤋
if its written in the contract, then yes
but if its not, and the hall refuse to repay you, they would normally refund it IF they manage to fill the hall out for the same period.
so what i would do is to ask them if they do manage to make a booking for the time that you have cancelled, will they refund you then, and just to make sure, take a trip down there to make sure if they have/havnt filled it, if they have film it with the day's paper to prove to any court the film was shot on the day you say it is.
hope that helps
bit of PI work never hurt anyone
2006-07-22 00:40:03 · answer #4 · answered by paul_heilbron 3 · 0⤊ 0⤋
Maybe a compromise is in order. Settlement.
If the owners missed a rental for those dates, it becomes a monetary loss. They may have to prove it to an attorney.
Much like or unlike, a hotel with a night prepaid. They can't rent that room for that night.
2006-07-22 00:44:04 · answer #5 · answered by ed 7 · 0⤊ 0⤋
if the hall is rented out that night you can sue to recover. Wait till the date.
2006-07-22 01:05:16 · answer #6 · answered by frankie59 4 · 0⤊ 0⤋
You should be able to get your money back, they will probably tack on some cancellation fee's, I would before contacting an attorney ask them for the money back and if they don't give it back to you then call a professional.
2006-07-22 00:43:57 · answer #7 · answered by jenny c 2 · 0⤊ 0⤋
DUDE YOU SHOULD HAVE JUST SAVED YOUR MONEY AND WENT TO A PROSTITUTE AND CUT TO THE CHASE. IT WOULD HAVE BEEN LESS EXPENSIVE, AND NO HEADACHE. SORRY ABOUT THE SITUATION BRO. BUT NO, IF YOU SIGNED A CONTRACT IT WILL COST YOU MORE FOR LITIGATION TO BREAK THAT CONTRACT OR TO GO INTO MEDIATION, THAN YOU ARE GONNA GET BACK.
2006-07-22 00:42:55 · answer #8 · answered by joe m 2 · 0⤊ 0⤋
embarress them into giving it back,. I would contact your local newspaper and tell them or write a letter to the editor. That should do it!
2006-07-22 00:36:52 · answer #9 · answered by julia4evert 4 · 0⤊ 0⤋
I think you and your bride should try to work it out!
I mean you all wear getting married for a reason, right?
2006-07-22 00:36:13 · answer #10 · answered by *~Princess~* 3 · 0⤊ 0⤋