What happens if a wedding venue mistakenly drops your wedding from its calendar?

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What happens if a wedding venue mistakenly drops your wedding from its calendar?

My wedding is supposed to be in about 4 months on the 21st.. I set up a contract with a venue and since then the place has been sold and is now under new ownership. The former owner was supposed to give the new owners all the dates, unfortunately mine was not given . Now it is overbooked and they are asking me to change my date. I also have other contracts that are within that I cannot cancel; the wedding is in 4 months and I cannot find another venue. Both of the old and new owners are saying its neither of their faults and refuse to help in any way. What legal action can I take.

Asked on March 16, 2012 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue one or both. If the new owner bought the corporation or LLC, instead of just the assets (e.g. contracts, accounts payable, inventory/equipment, goodwill, intellectual property), then the new owner is bound by all contracts or agreements, and if you can prove that the correct date was in the contract, they either have to honor it or you can seek monetary compensation (such as the cost of changing/switching other dates).

Or even if they did not purchase the corporate assets, if the new owners assumed, or took over, the contracts with clients, they again would be obligated under your contract and you could hold them to the date, if the date is in the agreement.

Even if you can't hold the new owner liable, you may be able to sue the old owner under one or more of the following theories: breach of contract, promissory estoppel, or unjust enrichment.

In a lawsuit, you may be able to get specific performance, or an order that they accomodate you and honor the date; or more likely, monetary compensation--such as additional costs you incur from such a late change.

You almost certainly have a cause of action against one or both of the new or the old owners--it is well worth your while to consult with an attorney. Good luck.


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