If a venue has breached the contract for m wedding, do I have to wait to get the deposit I gave them?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a venue has breached the contract for m wedding, do I have to wait to get the deposit I gave them?

I rented a venue for my wedding almost 10 months ago. I was just told that they decided to sell property and will not be able to refund my deposit until after the sale. I need to get the deposit back now so that I can put it on another venue.

Asked on March 6, 2019 under Business Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If they have told you that they will not or cannot provide you the venue, they have already breached (an "anticipatory breach") the contract. That means they owe you the money now. Unfortunately, if they do not pay it, the only way to get it would be to sue them for breach of contract. (A lawsuit is the only way to force someone to fulfill their obligations.) That, fo course, will take time--typically some number of months. So depending on how long they said until the would be able to pay, suing may not save you any time or get you your money faster.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption