Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

My daughter signed a contract with a venue in Austin, TX for…

Customer Question
My daughter signed a contract...
My daughter signed a contract with a venue in Austin, TX for a wedding on May 7,2011 and put down quite a hefty deposit. After putting numbers together she and her finance realized it was not within their budget. She contacted the the venue shortly and was told the owners were out of town. She did put the deposit on my credit card, which I thought was a $500 deposit to hold the date but when my credit card bill came in, the deposit was $3422.50. Wow! The venue is only willing to refund $1350 of her deposit. I do believe this is unreasonable since we are willing to give them $500 for a rebooking fee. This venue only had 3 dates to choose from at the time we were there and I do feel the venue consultant pressured her saying someone else was looking at the same date. What would happen if I refuse to pay the credit card charge? What can they legally do to her, since she is the one that signed the contract but I am financially responsible for the bill. Thank you,
Debbie Wilson
Submitted: 8 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
6/18/2010
Lawyer: Law Pro, Attorney replied 8 years ago
Law Pro
Law Pro, Attorney
Category: Legal
Satisfied Customers: 24,870
Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
Verified
Do you have a written contract with the venue? If so, what does it state about cancellation?
Ask Your Own Legal Question
Customer reply replied 8 years ago
My daughter signed the contract and I have not seen it. So I can not say exactly what it says but understand it says no refunds, but in checking with most other venues there is a certain percentage refunded according to the date of cancellation notification.
Lawyer: Law Pro, Attorney replied 8 years ago
That's with the other venues - their refund policy isn't applicable to your matter - it's this venue's refund policy as per the contract when you cancel that's applicable.

You need to get a copy of the contract and review it for what it says about cancelling the booking.

The venue is only willing to refund $1350 of her deposit. I do believe this is unreasonable since we are willing to give them $500 for a rebooking fee.

They don't necessarily have to refund anything - you have to look at the contract.


This venue only had 3 dates to choose from at the time we were there and I do feel the venue consultant pressured her saying someone else was looking at the same date.

This is not the type of contract nor the type of threat where the contract can be voided because of "duress".

Duress in the context of contract law is a common law defense, and if one is successful in proving that the contract is vitiated by duress, the contract may be rescinded, since it is then voidable.

 

Duress has been defined as a "threat of harm made to compel a person to do something against his or her will or judgment; esp., a wrongful threat made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition". - Black's Law Dictionary (8th ed. 2004)



What would happen if I refuse to pay the credit card charge?


Then the credit card company will come after you for the monies - the venue is out of the picture because they already have their money.

What can they legally do to her, since she is the one that signed the contract but I am financially responsible for the bill.

They can certainly sue her for the balance of monies owed pursuant to the contract/agreement.

Your not financially responsible UNLESS you also signed the contract - only she is liable because you didn't sign such.





Please click on the ACCEPT button for my answer so that I receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.
Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Pro Your Own Question
Law Pro
Law Pro
Law Pro, Attorney
Category: Legal
Satisfied Customers: 24,870
24,870 Satisfied Customers
Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law

Law Pro is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I am a florist. I signed a contract with a couple flowers
I am a florist. I signed a contract with a couple for wedding flowers for their 8/12/2016 wedding. I require a $500 non refundable deposit. They wanted to pay in full. They canceled their wedding 45 d… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I put a $2,320 non-refundable deposit on a venue to hold my
I put a $2,320 non-refundable deposit on a venue to hold my daughter's wedding date. She and he had agreed on the date and venue before the deposit was made. In less than a month, he breaks off weddin… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I signed a contract venue 19 months in advance. Contract
I signed a contract for wedding venue 19 months in advance. Contract stated deposits are non-refundable. Put down $1000 deposit. We had to cancel 7 months later, approximately 11 months prior to the d… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
how can we get our money back ($9000) for a wedding venue.
how can we get our money back ($9000) for a wedding venue. My daughter (bride to be) repeatedly asked to get the contract, no response. She paid in full 16 weeks ago b/c she was afraid she'd miss out … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,287 satisfied customers
I was engaged to someone from Missouri. I live in Wisconsin.
I was engaged to someone from Missouri. I live in Wisconsin. The engagement was only for two months, I broke it off because we both were not emotionally ready for the commitment. She now wants me to p… read more
Allen M., Esq.
Allen M., Esq.
Officer and former adjunct prof.
Juris Doctor, Cum Laude
20,595 satisfied customers
mu daughter and her fiance just called off the wedding they
mu daughter and her fiance just called off the wedding they were both paying for most of the wedding - her fiance was deployed to Afganistan daughter did all the arrangements (DJ, flowers, photographe… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have signed a contract with a local business for the reservation
I have signed a contract with a local business for the reservation of their space and use of their catering staff / food for a late Sept. wedding. The wedding has been called off and therefore, the ve… read more
AttyKLG
AttyKLG
JD (law degree)
75 satisfied customers
I contracted a band for my wedding. Since I signed the contract
I contracted a band for my wedding. Since I signed the contract and put down a deposit, the bad chose to kick out four of the band members, including the lead singer. The band failed to notify me of t… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
Originally we were getting married Oct 15 2011. The brides
Originally we were getting married Oct 15 2011. The brides parents experienced a serious crisis and eventually we had to decide between continuing to financially help the brides parents or pay for the… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
My daughter is planning to have her wedding reception in New
My daughter is planning to have her wedding reception in New York City. She signed a contract with a venue and the contract says that if she cancels out, whatever money she's paid the venue is NON REF… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,287 satisfied customers
I have a wedding planner that was to host my wedding in a couple
I have a wedding planner that was to host my wedding in a couple of months, she said that we could use her for everything or contract outside sources. It was to be held at a hotel they owned and said … read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I paid on my credit card a down payment of 2500 dollars to
I paid on my credit card a down payment of 2500 dollars to a photography for a wedding in August. I was told a contract would be sent for me to sign but no mention was made of this being a non-refunda… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
We booked a wedding venue for our daughters wedding in Maryland,
We booked a wedding venue for our daughter's wedding in Maryland, and have cancelled it 6 months before the date. The venue says that the entire $2000 deposit is non-refundable, and they say that it s… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
18 days before the wedding, my daughters fiance broke the
18 days before the wedding, my daughter's fiance broke the engagement. At the time of the final conversation, nothing was said about the ring. To date, I have paid for 375 invitations, (along with res… read more
LegalEase
LegalEase
Attorney At Law
Juris Doctor
892 satisfied customers
My fiance signed a contract for our wedding venue. It stated
My fiance signed a contract for our wedding venue. It stated at the top of the contract that it was not valid until both parties signed it. She was under the impression that this meant it was not vali… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
Signed reception contract 11/07 for wedding 11/08 w/$8,000
Signed reception contract 11/07 for wedding 11/08 w/$8,000 deposit. Dec. 07 changed date to 6/09. Jan. 08 engagement off, canceled wedding, notified venue. Requested deposit return. Notified by Accoun… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
Through some mixups during the time I was building my house,
Through some mixups during the time I was building my house, in Texas, my ex-wife was unknowingly put on the deed. The loan is in my name and she is not on it. She has never lived here nor paid anythi… read more
Help4Health
Help4Health
Attorney and Counselor at Law
Doctor of Jurisprudence
31 satisfied customers
i had plans to get married at a bed and breakfast in NEw ...
i had plans to get married at a bed and breakfast in NEw Hampshire in October 2007. I was soon after diagnosed with Parkinson's Desease, and we decided to put off the trip because it would be too much… read more
Medicine&amp;Law
Medicine&Law
Nurse Practitioner
1,896 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x