Legal Question in Civil Litigation in Texas

I signed a contract with a photographer for my wedding but decided to cancel the next day ( not even 24 hours afterwards). I had already paid him the deposit and because i could not reach him the next day, I put a stop payment on the check. Now he is threathening to go to small courts because he says that I signed a contract accepting that the deposit is not refundable. He says that it is breatch of contract and he has threathen to sue since the next day. Can he sue me and is there a cool-off period or a time frame to rescind from a contract in Texas? Thanks


Asked on 3/18/11, 1:45 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

The three-day "cooling off period" applies only to contracts where the salesman comes to your home.

I assume that you went to the photographer's place of business to enter into the contract.

Write him a letter (don't call him. Don't email him. Don't text him. WRITE A PAPER LETTER) - keep a copy for yourself - tell him that you regret that you had to cancel the contract, and offer to reimburse him for his actual losses. Tell him that if he will describe the amount and the reason fo rhis ACTUAL LOSSES, you will reimburse him.

And if he sues you: Imagine a Texas jury hearing this story. How much money would they award to him for having done absolutely nothing?

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Answered on 3/19/11, 6:00 am


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