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Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20296
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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My fiancé signed an agreement with a hotel manager but he never

Customer Question

My fiancé signed an agreement with a hotel manager but he never made a final agreement with her because she brought up a lot of different points that were never mentioned in the previous visit and he never provided her with his credit card information. She asked him to sign the agreement and gave him a week to make up his final decision. She also never signed our copy of the agreement and told us that she will never sign her copy either until we give her out final decision because we never reached an agreement with her. a week after I gave her a call and told her that we are not interested in holding our wedding in the hotel ballroom and once she heard that she started threatening me and telling me that she will screw him up and make him pay the damage because he signed and that she doesn't care about the week chance that she has given him and that she will claim she never mentioned that. Then, few days ago she sent me an email claiming that my fiancé has agreed to his wedding in the hotel and that he needs to cancel in writing and pay a deposit or will have to pay 50% of the damage if he replies after a certain date. In fact, nothing in the agreement says that a cancelation must be in writing and also he never provided her with his credit info so am not sure what made her so positive that she can make him pay some money by submitting the contract to the court. Also in order for her to reserve a date for us she has to have some form of payment to collect deposit and because we never reached an agreement with her my finance never provided her with his credit info. She doesn't have my fiancé phone # ***** email or home address. she only has mine, with that being said can she do anything with her contract. Again our copy of the agreement is not signed by her and she signed her copy after my fiancé left her office.
Submitted: 1 year ago.
Category: Legal
Expert:  Marsha411JD replied 1 year ago.
Hello,Thank you for the information and your question. If your boyfriend signed a contract that commits him to rent space at this hotel, then the terms of the contract apply. There is no need that the hotel representative have signed it in his presence. Also, there is no need that he had already paid the deposit unless the contract says it is not binding on their party unless the deposit has been paid. What is relevant as to cancellation is what that clause in the contract says. In other words, if there is a cancellation contract, those exact terms apply. So, for example, if it says there must be notice by a certain date and also says there will be a charge for cancellation, then those terms apply. If your fiance complies with those provisions, then he has not breached the contract. If he doesn't, the the business could file suit for breach and obtain any damages discussed under the contract for a breach, or damages that they can prove. If your fiance is not clear on the language of the contract, he can take the contract to a local attorney and have them review it to give him an opinion on whether he breached and what his duties are under the contract. But again, his signature is all that is needed for the contract to be enforced against him as long as the contract doesn't say that it doesn't become a contract until a deposit is made. Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you
Customer: replied 1 year ago.
Thank you for your response but this is totally ridiculous she basically made him sign and told him he has a week to make his final decision and give a deposit. He depended on what she claimed because his reading skills are limited. She also doesn't have any of his contact Info she only has his full name and sign but she has my contact info such as email and phone number but I have nothing to do with the contract when she filed a case where will the notice of the court be sent? Also I can't tell what the contract exactly states but it's most likely that in order to reserve a date then an initial deposit must be made my fiancé has not placed any deposit. Can the contract be void at this time.
Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. I can certainly understand your frustration, and you can tell her not to contact you any further if you want. As for having a summons and petition served should she decide she wants to file suit, she would have to have someone do research to find him. There is a way to publish notice/service in a newspaper, but she would first have to show that she jumped through every hoop possible to find him and serve him. So, not that easy to use that alternative method of service. But a collections agency or PI could possibly track him down. No way I can say with certainty that they could. As for the contract itself, I discuss the law previously and the exact language of the contract will control. As mentioned, if it states that there is no contract until a deposit is made, then there is no contract. However, that would be unusual. Usually, there will be a formation of an enforceable contract upon signature and then the contract separately will say that a reservation of the room will not occur until a deposit is made. Those are two different things though. He can certainly try to fight the enforcement of the contract by telling the court (should he be served with a suit) that said the contract could be cancelled up until payment of the deposit without penalty, but unless it says that in the contract, it will be up to the court to decide who is telling the truth if the two say something different. Your fiance might consider trying to work out a negotiated compromise with her unless he is sure that the contract is written in his favor. That might be that he pay a small penalty for cancelling. If he doesn't feel like this is a process he is comfortable with, he might make an appointment with an attorney who can contact this Hotel on his behalf and negotiate a release of the contract.
Customer: replied 1 year ago.
I'm confused its like our first time in life that we ever needed a legal advice and our first time in life having to deal with something like this she tricked him basically. I called her supervisor and explained to her everything, she told me that he needs to cancel in writing through email and we will see what we can do to waive the deposit amount, she confused me even more. Nothing in the contract says that the cancellation must be in writing and he hasn't made an initial deposit yet what is it that they will waive I don't understand, do you think that it's a good idea to do cancellation in writing when he never mind a final agreement with her? Will that make it worse and prove that he has made a final agreement with her? Will they then make him pay the deposit no matter what? What should we do? The agreement is about 7 pages but the page for the deposit is interesting it says the payment information above will be enforced once a day is reserved if no payment information were given is that a contract ? What should he do?
Expert:  Marsha411JD replied 1 year ago.
Yes, he should cancel in writing. There is nothing to be gained by not doing so and maybe something to be gained by doing this. At this point, you want to resolve the issue. It doesn't matter if the contract said cancel in writing or not if you can move forward with resolving it. I really could have no way of knowing what the motivation is of this vendor or what they will ultimately do in this case. I can only tell you what the law is and what your options are, which I have tried to do for you. I cannot tell you what to do as I am not, and cannot be your attorney. This forum, as stated on the Site, is an information only Site. We cannot form an attorney-client relationship, so I can't tell you what to do. I did mentioned previously that your fiance might want to have an attorney look at his contract and try to negotiate on his behalf if he doesn't feel comfortable understanding the terms or how to negotiate. But again, it isn't going to hurt his case for him to acknowledge the vendor's desire for a written cancellation and see where it goes. Then he can decide whether or not to hire an attorney.
Expert:  Marsha411JD replied 1 year ago.
Hello again,I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 14th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox. In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: you.