What to do if a contract is not upheld?

UPDATED: Jan 14, 2012

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What to do if a contract is not upheld?

We recently signed a contract with a rental agency to rent a property on a lake for our wedding. The contract states the date and we handed them a $1500 check as a down payment. They did not cash that check but accepted it just the same. We found out today, 4 days later, that they have signed a contract with another group for that same weekendcause they are paying more money and they have chosen to go with that group instead. Do I have any legal claim to file “breach of contract” and ask for my wedding date to be upheld as stated in the contract? If so, how do I go about getting this?

Asked on January 14, 2012 under Business Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Once a contract is accepted by both parties, it is binding. You may sue to enforce the contract and could seek:

1) A court order requiring them to honor the contract and make the lake available to you; or

2) If a court is disinclined to grant the above order--possibly because there is another, 3rd party (the other group) whose rights would also be affected--you may be entitled to certain monetary compensation. For example, say that to rent comparable space at a different lake would cost more money; you may be able to receive the difference in price.

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.

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