What to do if aproperty owner sets new “restrictions” 5 months after a wedding venue contract has been signed and a deposit sent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if aproperty owner sets new “restrictions” 5 months after a wedding venue contract has been signed and a deposit sent?
My fiancee and I have spent weeks and weeks finding the right venue. Did our due diligence, negotiated terms, signed contract and sent half deposit. Now, 5 months later, the property owner is introducing restrictions that were never discussed nor covered in the rental agreement (disallowing the use of tent stakes, requiring approval of all vendors before hiring). Everything is documented in email conversation and the contract. We have spent months coordinating vendors for this place and even took the expense of flying to the location to scout vendors. They won’t budge, what recourse do I have?
Asked on February 23, 2012 under Business Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If necessary, you could sue them to enforce the contract. Once a contract is agreed to and signed by the parties, it is enforceable against them; neither party may change the terms of the contract, including by adding restrictions or limitions which were not in it when it was agreed to. You could either sue for "specific performance"--to force the property owner to obey the contract as negotiated--or to terminate the contract, recover any deposit, and possibly recover additional compensation (such as if it is more expensive to find an alternate venue) as well.
It's not that the restrictions you describe are inherently illegal--it's just that if the property owner wanted them, they needed to be something discussed at the outset, incorporated into the contract, and agreed to by you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.