Can I get out of a wedding planner contract?
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Can I get out of a wedding planner contract?
I hire her 2 months ago. I give her half of the money
In front. We still dont have a place yet. She lie. She
have me give her the money to her name when the
contract said to write the check to the business name
Asked on May 3, 2017 under Family Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can get out of the contract if:
1) You can show she has lied about something material, or important, such as about her contracts or connections with catering halls, her experience or credentials, what she could do, etc. Lying about something important to get you to contract with her is fraud, and fraud provides a basis to rescind the contract and get your money back.
2) You could also terminate the contract and get out of it if she has violated any terms or obligations under it--e.g. if there was some timeline or benchmarks set forth under the contract, and she has missed them. The other party's breach of material (and time terms are likely material) terms of a contract allows you to treat the contract as terminated and should also let you get your money back. You would need to show breach of specific terms; if there are no concrete terms which have been violated, you can't just generally allege she is breaching the contract.
Bear in mind that the above concepts are not "self-enforcing": to get your money back even in the event of fraud or breach of contract, you'd need to sue her for the money if she won't return it. And if you terminate the contract, even if complete justification, if she disagrees and sues you to enforce it, you will have to defend yourself in court and show that you were entitled to get out of the contract.
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