Legal Question in Consumer Law in New Jersey

Breaking a Contract

My sister is getting married on 10/28/05. We hired a florist in Oct. 04 and left a deposit. We then went back in June 05 and revised the contract, being told that we could not go under the original price, we also found out that the owners had split up and the man that we were referred to is gone. We redid the contract and went over by @ $510.00. For the centerpieces on both contract says appx. 14 we told her we didn't know definate till the final head count.We also requested a sample,since the husband is gone and after waiting forever to hear back from her were told we would have to give her$1,000.00 more before we could get them. On the bottom of the contract it says they get 1/3 and then final $ 1 week before wedding and if you want to cancel has to be 30 days prior and loss of deposit. We also notified her that we only needed 10 centerpieces instead of 14 and she said she already hired people to work and we had to pay for them anyway even though she knew in the begining that we would not know how many until October when we had the final headcount in. Even with taking these 4 centerpieces off we are still over the original price by @ $70.00. I want to know if we have any right to cancel even if we loose deposit.


Asked on 10/07/05, 9:34 am

1 Answer from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Breaking a Contract

You mentioned many facts which indicate that the florist may not have done all that they were supposed to do. This might amount to breach of contract, possibly; I would need additional information. The exact wording of the written contract will be very important, along with any changes made by agreement between you and the florist which were not written down.

I am very concerned that the original florist has changed dramatically.

I suggest that you have a lawyer sit down with you, go over it in detail and get some advice. There appears to be a fair amount of money at risk. On the practical side, I think it very unlikely that the florist will refund a dime; you very likely will have to fight, probably file a small claims lawsuit, to get it back. You need some legal advice.

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Answered on 10/07/05, 10:13 am


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