How to I get a deposit that I paid to a wedding photographer back?

I am getting married next month. I booked what i thought was a great photography company for my wedding. The photographer I was assigned is un responsive to emails, he was late to our engagement shoot, and he cancels consultations continuously. After looking more into the company reviews, the bad reviews written have a lot of the similar problems I am having with the company and worse! The contract states that you must pay a non-refundable deposit of 30% of your total bill. Mine happens to be about $600. I want this back because of the lack of professionalism and the reviews stating the same issues and poor photography skills.Is there any way I can get my deposit back?

Asked on March 19, 2015 under Business Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the company for breach of contract.  Your damages (the amount of compensation you are seeking in your lawsuit) would be the refund of your $600 deposit and any additional expenses you incur in getting a replacement photographic company; for example, additional costs with a replacement photographic company.

You will need to mitigate (minimize) damages by selecting a replacement photographic company whose fees are comparable to other photographic companies in the area.  If you were to select the most expensive photographic company you could find, you have failed to mitigate damages and your damages will be reduced accordingly.


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