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How can I get my deposit back?
Belchertown, MA
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Posted about 1 month ago in Contracts / Agreements
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My fiance and I are getting married May 2010. We put a "non-refundable" $500 deposit down on a banquet site for our reception in November 2008.
Since then the banquet site had 2 incidences of food-poisoning (both of which they were not found at fault by the board of health). We had been -re-assured by the owners that this was not an issue. However, I am fearing that they have bigger issues going on may not be able to live up to their end of the contract in the end. This past summer we went to finalize our wedding details with them, and they assured us they would send back an updated contact within the next week. It took them almost 8 weeks to send it back to us, after requesting it several times. And then when we got it most of the details we negotiated were missing. Answers (1)
Jay M Wolman
This attorney is licensed in Massachusetts and 2 other states.
Posted about 1 month ago.
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It may be "non-refundable" but they are not entitled to unjust enrichment either. The sooner you act, the better, so that they have a chance to mitigate. The reason for the non-refundable term is to ensure they get paid for the weekend, since it is tough for them to find a replacement event on short notice. You may wish to consult with counsel about this matter.
And congratulations on your upcoming marriage. Sincerely, Jay M. Wolman D'Angelo & Hashem, LLC Admitted to practice in MA, NY & DC ____________________________________ The information presented in this response is not intended to form an attorney-client relationship nor is the colloquy protected by an attorney-client privilege or work-product rule. The answer provided is based solely on the minimal facts presented in the inquiry and represents only a preliminary and hypothetical response and analysis. It is not to be considered as legal advice and is for information purposes only. If you wish specific legal advice and recommendations about your particular situation, contact an attorney to schedule a consultation. This is not intended to constitute legal advertising or solicitation, but rather to educate. |
