Legal Question in Business Law in California
My boyfriends little sister is getting married, they place they are getting married at is trying to scam them out of money,They found a business card at the place they work and the card states "$500 off Big Bear Wedding". They told her about this and she won't give them the discount stating that it has to be on a weekend (their wedding is on a weekend) but she wont' give the discount, then she tells them that they owe $1000, this fee that she's saying they have to pay is not in the contract, I'm sure when you draw up a contract the person giving the contract signs it first and then gives it to you to sign. She didn't make a copy of this contract and kept it to herself, This seems like such a scam to me and they're young, I would like to know what could be done to help them.
Thank you
2 Answers from Attorneys
Unfortunately, it is difficult to answer the question or provide advice without further information. And it doesn't sounds like you have all of the information.
It sounds like your boyfriend's sister has 2 different issues. First, it sounds like they had already signed a contract and they later found the discount coupon. Separate and apart from that, she says the resort is trying to charge her for fees that weren't in the contract and yet she doesn't have a copy of the contract. An attorney cannot interpret a contract that they've never seen before.
From what you've described so far, I can't tell if this is a scam, buyer's remorse over a bad deal or just poor customer service. Step 1 is to have them politely ask for a copy of the contract they signed. After they, review it together or show it to an attorney for further advice.
I would say that most likely:
(1) The card found at work offering a $500 discount is not binding; it is only an inducement to come in and negotiate. It has no legal effect.
(2) Contracts can be signed by the parties simultaneously, or separately in any sequence. When the contract so allows, the parties can even sign different copies.
(3) I would be surprised if whoever arranged the wedding in person didn't have a discussion of the price before signing the contract.
(4) How young? If the person who signed was under 18 at the time of signing, the contract is probably not enforceable.
(5) I'd be mildly surprised if the person who signed the contract wasn't given a copy.
(6) I'd also be mildly surprised if the wedding establishment wouldn't make another copy for little sister, or whomever signed.
(7) It seems odd that the $500 discount has to be for a weekend wedding. Someone may have misunderstood. The discount only makes sense if it is for a weekday wedding. I'd call and clarify this.
I'd suggest having a lawyer or businessperson familiar with contract negotiations step in and see where the misunderstanding is.....I'm very skeptical that there is an attempted scam.
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