Wedding planner issues

If you didn't sign a contract or come to an agreement then you don't owe him anything.

You won't get your money back, unless you have emails, voicemails, or texts, to PROVE you paid them. But nope, you aren't required to pay anymore. Keep all correspondence just in case.

He's just bluffing. Don't pay the smuck.

Nope

Nope. No contract, no obligation. I'm not so sure you'll get the $500 back though.

Generally no contract, no money. But I would double check your correspondence with him to make sure there was not any written agreement for a retainer. Even if not a formal contract he could potentially use that against you. But it would also bolster your side that he didn't provide agreed upon services. Goes both ways.

@earias and Future 371s Wife

Holy shit but this is bad advice. Neither one of you clearly are lawyers fullstop.

@OP

I am sorry but you might be on the hook. Oral contracts are real contracts. The only reason they are not treated as such is if the Statute of Frauds comes into play. This only affects service contracts if the service is to happen over a year away or if the service in duration extends past a year.

Here you are talking about a service contract that will occur in less than a year of your wedding date is correct. That means that not having a written contract means nothing whatsoever. All that matters is your oral agreements.

What did you promise this planner? Because you giving him that deposit is proof that you had a contract. You are liable for the full amount and no court will excuse you.

Do not rely on the words of ignorant wedding posters here but consult an actual attorney.

@kirackle Are you a lawyer?

@Constance

Yes, and I passed 2 state bar exams.

Fair enough. Just had to ask. A lot of people google things without talking to the pros. Thanks for the advice. The lawyers I worked with never have blinked at oral contracts so I have to say I've never paid much mind to them.

Question for you, where's the line between contract negotiation and executing an oral contract. Is the transaction of money what makes it an oral contract?

@Constance

The actual agreement is a matter for the court to decide. I will be honest that for petty amounts less than $5,000 or so, the courts won't be an option because paying for a lawyer and court costs negates any reward. No lawyer getting paid will bother themselves with this. However, as I am an attorney there is no cost for me except filing fees and I would execute my full legal rights to the fullest. It is stupid to assume a vendor would not as well.

Sorry not sorry, but agreeing to a quote is a binding contract and ever telling a person that it is not is giving legal advice that is completely wrong. Brides and grooms being ignorant of that fact is scary to me. Especially when posters such as yourself give legal advice willy nilly.

I was staff attorney for a court for 2 years and would say that proof of an agreement would 100% be found with paying a deposit. The matter of what was agreed to orally for final payment would otherwise be based o the factfinders opinion of the most truthful rendition of the circumstances. If you went before a lower level court for this amount in a contract, than yes the OP would be on the hook for the full amount unless she could prove the planner breached.

Yes I was wrong, asked for clarification and OP and everyone else can see the thread. Chalk it up to a teachable moment. Isn't that kinda the point of forums? To promote discussion?

So sorry to be such a horrid threat to humanity over here. Or maybe just the wedding wire world.

@Constance

I was not attacking you with my post. All I wanted was to extend my professional knowledge to other brides. It legit scares me that brides are dealing with multi thousand dollar contracts without knowing the real legal ramifications. I myself have been advised by other brides about incorrect legal information. My caterers do not require signed quotes and me telling friends that has them in heart palpitations. Only because I know that accepting their quotes is a legal and binding agreement do I not agree with my friends and I don't jump on their bandwagon and freak out.

There was no reason to interpret my explanations as a threat against you personally. I love having these forums as a way to express my glee about wedding planning and only want cordial relations with fellow posters.

Well, please accept my olive branch. Your previous comments came off a bit abrasive to me, thus my response. But, alas, it's a moot point. Sincerely though, thank you for breaking oral contracts down for me.

Now, I'm more concerned that either the attorneys I worked with at a municipality didn't give me complete or correct information, or I was too dense to get it.

I looked up info based on what @Kirackle was saying out of interest and it sucks but it does look like you'll have to pay him =(

@Kirackle- thank you so much for providing your knowledge. I will definitely be looking very closely at any contracts before I sign and be very careful with any oral contracts. Also- just wondering. If OP hadn't paid him the deposit, would the oral contract still be binding? I read that that is the evidence that would be used against her if it went to court.

@Constance- it is a teachable moment! For me too =( I assumed she wouldn't have to pay him before I read what @Kirackle posted and looked it up.

ETA-words

@Madelyn

The paying of the deposit only serves as evidence. If you literally tell any vendor that you agree to a price you are legally on the hook, so long as it is within a year. The paying of a deposit is moot except for how it supports that person's interpretation of events at court.

All of this is beyond practical advice of what will actually happen. I am only saying what it legally enforceable if you are dealing with a litigious vendor. However, it is best to know your rights and what you are agreeing to.

In Ohio if it's over $500 it has to be in writing, under that it be a simple oral agreement that your still bound to pay. State laws vary I'd be looking into it further for your locality while your booking your new planner.

@Kirackle- thanks!

Nope, he gets nothing!

Thank you Kirackle!! We are in the written estimate stage of selecting a venue. I appreciate you sharing your knowledge.