Expert: Elegant Images Weddings - 9/28/2010

Question
Question regarding advance payment for wedding. My wife to be and I visited a photographer about possibly using their services. We simply gathered information and signed nothing about exact services. We were later contacted via e-mail and phone about gathering some information about where and when for wedding. Still no formal agreement was made. A credit card was given under the idea that a deposit was being made to reserve the date. The wedding is still over 40 days and we have decided not to go with said photographer. They are saying that the deposit was nonrefundable. Never was anything signed, or agreed upon when credit card was given that the fee was nonrefundable. Only 2 weeks after the payment was taken was a brochure sent via mail that the payment plan is called a retainer upon reservation. No where still does anything say that anything is nonrefundable. It is my belief that any payment made without a signed agreement is refundable. Without stating more I'm asking what you think. The wedding date is still 40 days out and the photographer still has time to re-book said date. Even with or without that being done it is law from everything I can find that we should have our monies returned.

Answer
Only an attorney can answer whether you had an binding oral contract.  Your presentation of money in exchange for a promise of service, might just fall into that murky area.  I can only offer non-legal professional opinions.  As a matter of good business, I would be likely to refund your money.  Not knowing how long between first contact (with retainer) and your decision to change photographers leaves me without much to go on.  Forty days is not enough time to rebook another wedding as most weddings are booked six months or more in advance.  Is this photographer someone well known in your community or one of the legions of new photographers cropping overnight?  This economy has encouraged many who consider themselves photographers to go into business, given that their "day job" has evaporated.  I am finding that most of the complaints that arise are from this group who can be pretty unprofessional.  My final thought is if you waited 4 to 6 months to tell the photographer that you were not interested in using them, your deposit/retainer would not be considered refundable.  If the time period was more in the range of 30 days or less, I would consider your claim valid.  Again, I would likely refund your money in the hope that your good will would be worth it.  Someone who is living from dollar to dollar might be unable to do so as your retainer has already been spent.

Added 11-5-10:  What has happened with your claim????