If aflea marketis closed to to weather, can the vendors still be charged their weekly stall fee?

My father is 81 does a flea market every Sunday at a cost of $200. An email was sent to all vendors cancelling the flea market that day (due to hurricane Irene) , however he is now trying to collect the $200 from each vendor for that day. There is no contract signed, accept what the cost is, no clauses. Is this legal?

Asked on September 7, 2011 under Business Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If vendors who normally show up and sell at a flea market do not show and there is no written agreement between the vendors and the owner of the grounds where the flea market is to be held, the vendors have no obligation to pay any money to the property owner.

The custom and practice concerning flea markers (at least in California) is that on the day of the event, the vendors show up early and pay the owner of the property for a spot and then set up their wares for sale. If a vendor does not show up to sell, the property owner who is hosting the sale does not receive any revenue from that vendor.

If the flea market was cancelled due to inclimate conditions, the vendors are under no obligation to pay for something they did not receive.

 


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