Q: If a consumer contract is signed by both parties but was not written to the letter of the law, is the contract valid?
My fiancé and I signed a contract in Suffolk County NY to get married at a venue. We subsequently cancelled due to our new date (previous date 2/28/21 during covid restrictions) being more expensive and we were unable to afford the increase. We signed both new date (5/20/22) contract and the cancellation contract 10 months before event date, prior to being informed their is a law in Suffolk County stipulating that venues and caterers must return if cancelled 6 months or more before the date (with exception of $100 that will be retained). The venue had us sign a contract that they were entitled to keep $8085.
A: Without looking at the contract, an attorney cannot advise as to your particular situation. Yet if the contract seeks to waive a consumer protection law, that clause of the contract may be void as contrary to public policy. Have an attorney take a look at the contract to inform you of your rights. A correctly worded pre suit demand letter might get the job done if the venue is trying to play games.
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