What happens if one of your vendors passed away

knottie8380b30c801f3e71

I wasn't sure which board to post it on, because it doesn't seem to fit any. I have a bit of an unusual situation here, and don't know what to do both legally and morally. Maybe someone has been in a similar situation and can give some advice, also it people know the legalities of this, any information would be appreciated. 

I'm supposed to have a wedding in September, if all is good. We have booked a caterer a few months ago. He quoted $6000 and wanted half upfront as a deposited. The deposit is non refundable in case I cancel, but I was told that they will have no problem moving the date in case we have to reschedule because of covid, since the rules are constantly changing where I live, so we paid a deposit.

A week ago, I got an email from our wedding venue saying the owner of the company has passed away. His family contacted them saying they are trying to sort everything out, and found my contact as one of the clients or potential clients. I guess, to explain you why, the wedding is at the wilderness resort in the middle of nowhere, so there are only few small towns nearby and everyone knows everyone. The venue wanted us to only use caterers who are on their preferred vendors list, sonthis company was on their list, that's why the venue contacted me. I have explained our situation to the venue coordinator, and she sounded very nice and understanding, told me that they are a local and very nice family and she is sure, there should be no issue, and they will be able to sort this out. She gave me an email of the guy's brother. 

I wasn't sure if it is in a bad taste to ask for a refund in this situation. But we are really not rich, and tried to save and budget for this as much as we can. My fiance is lucky he can work from home, and I have lost my job and business due to covid, and trying to make some money with occasional gigs, while struggling to find a job since last March (the industry I'm in can't function during pandemic). Both of our parents are helping out a bit, his mom helped with this deposit, but we are saving to pay for the rest. So now, we have paid a deposit for the venue, and another $4000 for the venue is due within 2 weeks, we just paid the officiant and now on top of that, we need to find a new caterer and they will need a deposit right now as well. We just can't afford it, so yeah, as much as I hate being rude, $3000 is a lot at this point. 

So I have sent an email to his brother, I was very nice and respectful and expressed my condolences, said it's probably not a good time, but also explained our situation. The response was, that they are really sorry and wish me the best, but all money were spent on funeral and other things, so they don't have any money to pay me back. 

So I'm not sure what to do about it and what can I do. I want to be respectful, because this is a very delicate situation, and I'd probably let it go if I was making enough money, but due to covid, we are struggling ourselves, and we  were carefully budgeting for this wedding, so we just can't afford to give away $3000. I'm also not sure what the legalities are. Are they legally supposed to pay us back? Can we fight it? Or, if someone passes away, noone is responsible.

I'm also wondering, if you think there is a possibility that we were scammed. There were a couple of weird things there. First, the deposit was extremely high. Every caterer I talk to only wants a $1000 as a deposit, and every other vendor also take like 20-25% (like hair and makeup, officiant, florist). This was the only place that wanted me to pay half right away. Another thing i questioned is, there was never a contract or a receipt. The person I was talking to, said that the email where he confirmed we are booked is a legal binding agreement itself (his words), and i also have a record of etransfering $3000 to him. I thought that part was the weirdest, but they also have an online presence, and lots of good reviews and they were also on preferred vendors list of the venue, so we figured scammers wouldn't be able to pull that off. 

So what do you guys think I should do about this? Is there a way to get money back without being an awful person and bothering the family who lost a loved one?

banana468

Honestly I think this is a question that you'd need a lawyer to answer especially one that is familiar with contracts. 

If there is no stipulation about the deposit and whether or not it's refundable you unfortunately may be out of luck.  It sounds terrible but so many deposits are not refundable even on a contract. 

MyNameIsNot

Since you sent the money electronically, check with your bank or credit card to see if there's a way to reverse the transfer. Sometimes banks will offer protection for services not rendered. 

Beyond that, you'd need to talk to a lawyer. No one with legal expertise is going to offer you legal advice on the internet. Any advice you would get is going to be from someone who isn't an expert. There are variables depending on the structure of the business, local/state variations and how his estate was dissolved. 

Jen4948

I agree that you need legal advice. But can you ask for the deposit to be repaid on an installment plan rather than in a lump sum? That might be more affordable for the family.

short+sassy

You were not at all being rude, respectfully asking for your money back.  As already recommended, speak to an attorney about possible avenues you can pursue.  Though it is within the realm of possibility there aren't any or, if there are, it could be a long time before you collect anything.

I am so sorry this happened to you all, on top of everything else!  It's really unfair, however you slice it.

MesmrEwe

You need to talk to the lawyer not the brother unless the brother was a business partner in the catering business, whatever he said can be complete BS as you may have a claim on the estate or the business may still be fully operational..  Estate law varies by state, and you also should check with your bank since it was an e-transfer.  The previous emails with the agreement and terms are your likely contract.  

Also - I feel your frustration - almost everyone working in any aspect of the entertainment industry has been out since last March with no signs of hope, life, nor assistance because of the nature of the industry... 

downtondiva

While you don't want to badger a grieving family, I don't think it's fair that you're expected to be out $3000 for a service that can no longer be provided.

Talk to a lawyer and see if there's anything you can do. Make sure to show them any documentation you have of your communications with the catering company and your payment to them. That said, even if there may be something you can do about this, you'll need to determine how much that lawyer will charge you for their time and figure out if it's worth it. $3000 is absolutely a lot to have to let go, but you don't want to end up losing even more, especially if it's not guaranteed you'll get that deposit back in the end.

forevermarriedbrainshadia

If your contract says you can get your money back then do so. I think I know what you are feeling. You dont want to be bothered with the fact that the owner is dead and the family doesn't seem to have their business together, and that can cost you your wedding. I wouldn't trust the saying of might or might not be a protentional client.