Can I get out of a wedding planner contract?

I hire her 2 months ago. I give her half of the money
In front. We still dont have a place yet. She lie. She
have me give her the money to her name when the
contract said to write the check to the business name

Asked on May 3, 2017 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can get out of the contract if:
1) You can show she has lied about something material, or important, such as about her contracts or connections with catering halls, her experience or credentials, what she could do, etc. Lying about something important to get you to contract with her is fraud, and fraud provides a basis to rescind the contract and get your money back.
2) You could also terminate the contract and get out of it if she has violated any terms or obligations under it--e.g. if there was some timeline or benchmarks set forth under the contract, and she has missed them. The other party's breach of material (and time terms are likely material) terms of a contract allows you to treat the contract as terminated and should also let you get your money back. You would need to show breach of specific terms; if there are no concrete terms which have been violated, you can't just generally allege she is breaching the contract.
Bear in mind that the above concepts are not "self-enforcing": to get your money back even in the event of fraud or breach of contract, you'd need to sue her for the money if she won't return it. And if you terminate the contract, even if complete justification, if she disagrees and sues you to enforce it, you will have to defend yourself in court and show that you were entitled to get out of the contract.


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.