If a venue has breached the contract for m wedding, do I have to wait to get the deposit I gave them?

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If a venue has breached the contract for m wedding, do I have to wait to get the deposit I gave them?

I rented a venue for my wedding almost 10 months ago. I was just told that they decided to sell property and will not be able to refund my deposit until after the sale. I need to get the deposit back now so that I can put it on another venue.

Asked on March 6, 2019 under Business Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If they have told you that they will not or cannot provide you the venue, they have already breached (an "anticipatory breach") the contract. That means they owe you the money now. Unfortunately, if they do not pay it, the only way to get it would be to sue them for breach of contract. (A lawsuit is the only way to force someone to fulfill their obligations.) That, fo course, will take time--typically some number of months. So depending on how long they said until the would be able to pay, suing may not save you any time or get you your money faster.


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