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

UPDATED: Mar 19, 2015

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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


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

Answered 7 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.

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 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.

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