My daughter just broke off her engagement. So I assume any issues would be governed by NJ law. And i do not know any attorneys in NJ.
The event is scheduled 3 months from now. The total contract was $47,000. I gave them an initial deposit of $3500 at time of booking, and an addition $22, 000 in March, as required. The contract clearly says that deposits on non refundable unless the place is rebooked at an equal or higher value.
Specifically the cancellation clause reads: in the event the sponsor cancels, rebukes or breaches this contract by any cause or reason whatsoever, the sponsor shall forfeit all deposits unless the date is rebooked at equal or higher value and the event actually takes place. If the sponsor cancels one year prior to the date of the event, sponsor shall be liable for 25% of the total amount due on the contract unless the date is booked at an equal or higher contract value. If the sponsor cancels 6 months prior to the event date, sponsor shall be responsible for 50% of the total amount due on the contract, unless the date is booked at an equal or higher contract value. If the sponsor cancels three months or less prior to the date of the event, sponsor shall be liable for 100% of the amount due on the contract unless the date is booked at an equal or higher contract value. In addition to the above, the sponsor shall be liable for any and all costs incurred in trying to enforce the above terms including court costs and attorney fees. "
It seems pretty clear that i can lose the approx 25k that i gave them. I guess my question is, 2 fold
1. i assume i am not going to be responsible for any additional monies as long as i finalize the cancellation in writing at least 3 months prior to the event, is that correct?
2. Do i have any case at all, on the basis of unjust enrichment? It seems to me that the 25k will be pure profit to them.
Any guidance you could give would be greatly appreciated. I am hoping i can reason with them to give me back at least part of the money, but in the absence of that, i may want to persue other remedies if there is a possibility of getting part of the money back.
2 Answers from Attorneys
There are a number of legal arguments that could be made so that you would not lose the whole deposit. You are correct that unjust enrichment is one. To tell more about how successful they might be.I would need to read the full contract and have a few more facts. If you are interested in going further with the matter, feel free to call.
See also: http://info.corbettlaw.net/lawguru.htm
You will have to push them pretty hard to get any of your money back. Why don't you call my office and pick a time to meet that is good for you and for me. I will meet with you for half an hour for free, as I do with all my clients. You should bring me all of the paperwork, and I will review it with you and plan out your best strategy.
Robert Davies, Attorney 201 820 3460
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