Can a get a refund if the date in my wedding reception contact is incorrect?

I signed a contract for a wedding reception for July 20th. I paid half of the deposit the same day ($2500). I later realized the date that was last discussed, July 20th, was not the date on the contract; it stated July 27th. In the contract, there is absolutely no termination clause. It simple stated the number of tables, chairs, type of food and drinks we chose. The paper is signed by myself and the business. There was about 55 days left until the event which I had to book somewhere else since my real date was not available at the original location. Now the business owner doesn’t want to refund my money. We are taking him to small claims, but now he wants to counter for the rest of the money. Can I get my money back?

Asked on August 25, 2013 under Business Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Please go and speak with an attorney if only o a flat rate consultation basis.  You need to have the contract "set aside" on the basis of mutual mistake of another reason based in contract law.  But the contract must be read to determine how you approach the matter. You signed the agreement and there is an assumption that it was read prior to signing and the terms agreed upon.  You are going to need to bring in evidence of the mistake and that you told him that the date was the 20th and not the 27th.  The money for the consultation is well spent.  If you lose you could be out even more money.  Good luck.


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