Legal Question in Consumer Law in Texas

Deceptive Trade Act

I have canceled a reservation with a club house 4months in adv. Can i recover any of my deposit under � 2.717 UCC Sales

The agreement states: Payment of these deposits will confirm your reservation and hold the patron's date. All deposits and payments are non-refundable and non-transferable and will be creditted to the cost of the patron's event or retained by the club if the patron cancels the event. If your deposits are not received by the due date, your reservations will be canceled and the club will have no futher obligations under this agreement. IF THERE IS A CANCELLATION LESS THAN DAYS PRIOR TO YOUR EVENT, YOU WILL BE REQUIRED TO PAY A CANCELLATION FEE IN AN AMOUNT EQUAL TO THE MINIMUM EXPENDITURE, LESS ANY DEPOSITS ALREADY RECEIVED BY THE CLUB. The club may ask for an additonal asecurity deposit that will be due a minimum of thirty days prior to your event date. The security will not be credited to any charges for your event, but will be used to offset the ocost of any damage caused by you or your guests to our real or personal property. The unused portion of the security deposit if any will be refunded to you within 60 days after the date of y


Asked on 1/13/06, 5:16 pm

1 Answer from Attorneys

Sharon Campbell Sharon K. Campbell

Re: Deceptive Trade Act

Article 2 of the UCC applies to the sale of goods. It does not apply to your situation or your contract. The answer to your question is no.

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Answered on 1/13/06, 5:37 pm


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