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Loren
Loren, Attorney
Category: Business Law
Satisfied Customers: 29117
Experience:  30 years experience representing clients .
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On 6/6/15 we singed a contract at a wedding wedding of

Customer Question

on 6/6/15 we singed a contract at a wedding hall for a wedding of $10,000 we initially made a deposit of $6,000 the wedding was scheduled for 12/19/15. we made another deposit for $2,250 totaling $8,250 on that date we asked to have our wedding moved to 8/6/16 which they agreed to. On early May of 2016 we emailed the wedding hall manager and asked if we could please move the wedding to March 2017 due to unforeseen events. we gave a 3 months notice, we emailed and got no response, we then went in person to ask for a date change move it the wedding hall manager said not. My fiances mother went to speak to the wedding hall manager early june, the wedding hall manager said she could change it, last wednesday we received an email saying she couldn't move the date and we could get credit for some other event on that date. the contract states the following clauses:
No personal & company check. Certified check only
Absolutely no refund or credit will be issued on deposit
There is a 50% of the total contracted amount charge for cancellations. (WHICH WE ARENT TRYING TO CANCEL WE JUST WANT TO RESCHEDULE)
those are the only clauses in terms of finances.
Do we have any legal way of winning a case against them for a reschedule date, we obviously know we cant get a refund, which we wish we could as we dont want our special day in place like this. But can we win against them??
Submitted: 5 months ago.
Category: Business Law
Expert:  Loren replied 5 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Do you have anything in writing stating the rescheduling was approved, or was it just verbal?

Customer: replied 5 months ago.
Sorry meant to say $15,000 wedding. The initial change of reschedule the manager crossed out the dates so instead of 12/19/15 she crossed it out n on top put 8/6/16.
Expert:  Loren replied 5 months ago.

Are they still willing to reschedule?

Customer: replied 5 months ago.
They dont want to reschedule again, we wanted march 2017. They said no.
Expert:  Loren replied 5 months ago.

Do they give a reason for not being willing to reschedule? Is the date just not available due to another booking?

Customer: replied 5 months ago.
Their only explanation was we signed a contract and we should keep it. Like we told her if you want to reschedule then give us our money back. They just arent willing to work with us, can i take legal action??
Customer: replied 5 months ago.
If you dont*** want to reschedule
Expert:  Loren replied 5 months ago.

Than you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Customer: replied 5 months ago.
Nowhere in the contract it says anything about not being able to reschedule
Expert:  Loren replied 5 months ago.

Unfortunately, the written contract controls and a reschedule is the same as a cancellation (from a practical standpoint). So, you will need to work out a compromise with them. The important thing is that any resolution be in writing, not email, text or verbal. None of those are legally sufficient to amend or modify a written contract.

They should be willing to work with you as far as finding another date. If not, you can try suing in small claims court to try to leverage a settlement.

Expert:  Loren replied 5 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 5 months ago.

Are you still online with me?

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