If my fiance and I hired a wedding photographer 2 months ago but have had nothing but trouble ever since, can we get our deposit back?

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If my fiance and I hired a wedding photographer 2 months ago but have had nothing but trouble ever since, can we get our deposit back?

We signed a contract, paid $750 (half of the package price) upfront and have since had nothing but problems. She was supposed to email us a copy of the contract and never did after prompting her several times. She then said that she sent it by mail and we never received it. Then claimed she had been having issues with her camera but she was going to rent one in order to keep our date we reserved for engagement pictures. She never showed up for said pictures and said she didn’t rent a camera; we would have to wait until the next month when her camera was fixed. Without a contract and failing to provide the service we paid for, should we be able to get the deposit back?

Asked on November 15, 2015 under Business Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If she missed the agreed-upon date for your engagement pictures, she would be in breach of contract (so long as you did not agree to change move, etc. the date); as other photographers have indicated, that breach should enable you to treat the contract as terminated and recover your deposit. 


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