Contract Question

• Moparman

  My wife has a signed contract with a professional wedding photographer that basically states there will be no refunds. We recently got pictures back that are far from professional and she has verbally stated that some pictures cannot be fixed. We have tried to work with her for over 8 months now and are still spinning our wheels. On saturday she actually agreed to give a full refund but as soon as we left her studio she emailed and said she agreed to that out of haste because she was not good with confrontations. I am wondering if we have any grounds to file a lawsuit for a refund? Althought the contract states no refunds I would think that would be for professional quality work?
• hasbeen

  

  Talk to a lawyer. Not the OC.
• GoChiefs

  

  hasbeen;1390813 wrote:Talk to a lawyer. Not the OC.

  
  We have lawyers on the OC. And it's Sunday.
• GoChiefs

  

  If you didn't get the proper service, by all means, file a lawsuit. Just because the contract states no refunds doesn't mean they can give you shit quality with no reperussions.
• hasbeen

  

  GoChiefs;1390817 wrote:We have lawyers on the OC. And it's Sunday.

  But they don't get days off, sir.
• GoChiefs

  

  hasbeen;1390825 wrote:But they don't get days off, sir.

  
  I guess I missed that memo.
• sleeper

  

  We all know who to ask on this one. I think he went to law school after getting his CPA.
• sleeper

  

  You can absolutely file a lawsuit. Based on the limited legal knowledge I have, I think you have a strong case.
• Moparman

  Thanks for the comments. I understand we need to seek legal advice from an attorney but I still wanted to throw this out to the OC for some general feedback. Ive never been in a situation like this before but We probably have right at 3 grand wrapped up in this and for me that's to much to just wash my hands with and say forget it
• wildcats20

  

  Just curious but why would you go with someone who doesn't offer refunds?
• sherm03

  

  Especially if you have an email from the photographer saying that she verbally offered you a refund, there is a good chance this case would never even see court.
  
  It's probably going to cost you a couple hundred dollars to get a lawyer to draft a demand letter. That more than likely will get the photographer to issue you your refund to avoid the hassle of getting her own lawyer and going to court (see past cases like JJ vs. freehuddle.com).
  
  I doubt she tried to fight you over it since hiring her own lawyer and going through all that will cost more than just issuing the refund.
• Pick6

  

  You have a verbal contract that was broken, so there is cause for a lawsuit. Biggest problem is actually providing evidence to that. You probably dont have much of a case if its all "he said, she said". Dont waste your time if there is no witness or recording.
  
  
  ALWAYS get everything in writing so you cover your ass.
• Fly4Fun

  

  As stated already, if you have a legal question, talk to a lawyer. But you might want to try talking to the photographer one more time before consulting a lawyer and let her know that'll be your next step if you guys can't get this resolved yourself.
  
  At that point she might change her tune.
  
  People in the service business need to keep a good reputation, and I can't see this going on being good for her reputation.
• sleeper

  

  Fly4Fun;1390912 wrote:As stated already, if you have a legal question, talk to a lawyer. But you might want to try talking to the photographer one more time before consulting a lawyer and let her know that'll be your next step if you guys can't get this resolved yourself.
  
  At that point she might change her tune.
  
  People in the service business need to keep a good reputation, and I can't see this going on being good for her reputation.

  This is good advice. Go in one more time and explain that if you don't receive a refund that you will consider legal action.
• GoChiefs

  

  Pick6;1390910 wrote:You have a verbal contract that was broken, so there is cause for a lawsuit. Biggest problem is actually providing evidence to that. You probably dont have much of a case if its all "he said, she said". Dont waste your time if there is no witness or recording.
  
  
  ALWAYS get everything in writing so you cover your ass.

  He said he has an email where she backed out of the verbal agreement for a refund. I'd imagine that's evidence enough.
• Pick6

  

  GoChiefs;1390914 wrote:He said he has an email where she backed out of the verbal agreement for a refund. I'd imagine that's evidence enough.

  derp, that totally slipped my mind. I might have to agree.
• mcburg93

  

  I would contact LJ he seems to be pretty good with taxes. Hes a mod here and really is the best at everything and pretty much knows it all. This is just a suggestion I think it will help you out tremendously.
• Moparman

  We have probably visited her studio 5 times since the wedding to see progress that she supposedly made on the pictures. I think we are done reaching out 1 more time Saturday was the last chance for me. On Saturday she verbally stated some of the pictures could not be fixed and offered a full refund. I have at least 50 emails that were exchanged about quality issues and so on. I also have an email from her where she sent us something to sign saying she agreed to issue a full refund but has since changed her mind.
• sherm03

  

  While I completely understand that frustration, sending one more email explaining that you are not happy and would like her to honor her offer of the refund because you really don't want to take the case to court would definitely help you out.
  
  If the case ever does go to court, it will look good that you were doing everything you could to settle the matter out of court and it will paint her as the unreasonable one.
• GoChiefs

  

  sherm03;1390935 wrote:While I completely understand that frustration, sending one more email explaining that you are not happy and would like her to honor her offer of the refund because you really don't want to take the case to court would definitely help you out.
  
  If the case ever does go to court, it will look good that you were doing everything you could to settle the matter out of court and it will paint her as the unreasonable one.

  I'd agree with this. Always make it look like you tried everything you could before you decided to go to court and that suing her was a last resort.
• Belly35

  

  I can provide an alternative service but we don't give refunds for poor judgment ....
• hasbeen

  

  mcburg93;1390923 wrote:I would contact LJ he seems to be pretty good with taxes. Hes a mod here and really is the best at everything and pretty much knows it all. This is just a suggestion I think it will help you out tremendously.

  Dynamite drop-in. Typical, quality mcburg post.
  
  Just missing a 'GFY.'
  
  negged next Wednesday.
• sleeper

  

  Agreed. mcburg is slipping with his lack of GFY.
• FatHobbit

  

  I would also file a complaint with the better business bureau. My wedding photographer was a douche and took forever to deliver the pictures on a flash drive. I don't know why he wouldn't just give them to us but he gave us nothing. After about 6 months I told him I was filing a lawsuit and a complaint with the better business bureau and I had the pics within a few days. (I filed the complaint with the BBB but did not get the lawsuit filed)
• Trueblue23

  

  Who needs wedding pics? Don't you have instagram lol