Can an unexecuted contract be enforced?

UPDATED: May 19, 2015

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Can an unexecuted contract be enforced?

Last month my wife signed a contract for a wedding reception venue. The signature page was for a contract entitled “Room Rental Contract”. The amount agreed upon was $900 and a copy of the Room Rental Contract was given to us. At the same time, another contract entitled “Wedding Reception Contract” was given to us by the Event Coordinator. There was no signature page referring to this separate contract, therefore, this separate contract was never signed. The “Wedding Reception Contract” is where the verbage states that the deposit was non-refundable, not the “Room Rental Contract” which was signed. We have since switched venues. Am I entitled to my deposit back since the “Wedding Reception Contract” was never signed, not executed?

Asked on May 19, 2015 under Business Law, Iowa


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It doesn't matter if the second contract was signed or not, or where the non-refundable verbiage was, because if *you* cancelled using this venue while the venue was ready and able to perform, then you would not get your deposit back unless there specifically was a refund policy allowing you to cancel and receiving your money back (and you complied with all of its requirements). Deposits are non-refundable when the vendor performs or will perform and the customer changes his/her mind, unless the vendor chooses (or has written policy requiring it) to refund the money.

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 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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