Wedding Venue – IL

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Wedding Venue – IL

I have booked a wedding venue and held it with a $4500 deposit. We recently found out that they have booked a beer festival on the property next to our ceremony, which is owned by the same company. They knew this at the time we signed the contract for our outdoor wedding and withheld the festival will be going on. This seems unethical and just plain mean. Legally, do we have any rights to get out of this contract and get our deposit back?

Asked on August 3, 2018 under Business Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They are under no obligation to disclose other bookings to you. They cannot affirmatively lie, or tell a lie in response to a direct question, so if you asked them if they were aware of any events or bookings that would interfere with your wedding and they said "no," then if *at the time* they said that, they knew otherwise (e.g. had booked the other event), that would be fraud and would allow you to void the contract, get out of the booking, and get your money back. But again, that would require an actual lie by them, not merely a failure to disclose, since there is no liabilty for a failure to disclose unless they had an obligation to disclose, which they did not. 
If there was no fraud as per the above, the only way to get out would be if they have violated or breached a material term of their contract with you; such a breach would let you terminate the contract without penalty. 
But without frau or breach, you are locked into the contract.


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