Post # 1
We signed our contract with our florists months ago and the contract said the total was $2900. We’ve been paying off the amount slowly but surely and I thought we only had like $900 to go so I emailed the vendor to find what what the exact amount we owed was…she came back telling me we still owed $2200!
i was shocked! Obviously! Upon closer inspection of my contract they never multiplied the price of my center pieces by the actual number of center pieces…resulting in a $1400 diff.
I understand this was a mutual mistake but has anyone had this happen to them? What did you do? Does anyone have any advice about how to handle this. We would have never picked this vendor otherwise bc this is way above our budget…do I have any claim to get all the money back If they won’t work with me? I feel dupped into signing the contract…
Post # 3
Whoa! Given that they generated the paperwork, and made the initial error, I would lean toward it being their fault.
Post # 4
@sunangel08: FI is a lawyer. let me run it by him
Post # 5
I have a feeling that if your contract is like most florist’s contracts, you’re SOL. Our contract says something along the lines of “due to the fluctuating cost of flowers, FLORIST will make every effort to keep prices at the quoted price, making subsititutions if necessary, but ultimately the client is responsible for any changes in fees”. That’s a paraphrase of it, but…yeah, I think you’re screwed. A similar thing happended to a friend – they hadn’t decided what they wanted for BM bouquets, so when the florist emailed them a quote, the BM bouquets weren’t included. They had 10 BMs, so that was a HUGE chunk of money unaccounted for.
Post # 6
I think since there is still a lot of time leading up to your wedding, if you don’t pay it, you won’t have those centerpieces.
Post # 7
@sunangel08: is there any way that you can go in and talk to her in person? in this case, it’s better than email or phone. it’s harder to say no to you in person.
if she does not agree to swallow the error, would you consider splitting the difference? if that is still not in your budget, i would look at getting your deposit back and finding a new florist within your price range.
the florist has to be somewhat accountable for her error. i think if you give her a few options of how the two of you can move forward, hopefully this will be resolved.
Post # 8
A contract is a written legal document. Anything that doesn’t follow the contract is breach of contract. You should not be held liable. You could ultimately take it to a lawyer, but it might cost you more money and time than it’s worth. I would try talking to her and see if she can give you a discount for what’s left since it was her fault to begin with and she should try to save her reputation as a florist. That’s a fairly large mistake for a vendor in this line of work to make.
Post # 9
@sunangel08: checked with my FI.
he says legally, you don’t really have a defense, because as he says “feeling that you were duped into signing a contract is not a defense of fraud”. the mathematics might be off, but because you did sign a contract for X number of centerpieces at X price (whether the math for the final total was wrong or not) its unlikely if you ever had to take this to court that you would win. i.e. if you tried to sue them for your already-paid money or to bring the cost down to the written total price, he doesn’t think you would win.
he doesn’t know about you getting your money back to choose another florist, because it depends on what your contract says.
Post # 10
It sucks, but I assume they have a statement in the contact that says the price could change based on the cost of flowers. That and the actual prices of the items were correct, it was just that the total was wrong. Maybe try and get them to split the difference?
Post # 11
@sunangel08: You are only on the hooj for the amount your contract says you owe. It’s not your fault or responsibility to ensure they make proper calculations. The only scenarios I see where you are on the hook: the contract states each itemized thing price per item. Or if the contract states prices not guaranteed or subject to change.
Post # 12
@sunangel08: There’s probably nothing you can do because the numbers were all right in exception of the total. If some of the numbers were wrong resulting in an incorrect total on the contract then maybe you would have something.
I think, because this is the vendors fault (they should crossing all the t’s and dotting all the i’s, regardless, they are running a business) I’d try and work this out with them, maybe they’ll give you a % discount or give you longer to pay. Make it clear to them, that you chose to go with them, not only because you love the work they do, but you needed to be at the price point they provided from the get go, tell them that they have blown your budget with this error and you either need a full refund so you can go elsewhere, some sort of a discount or more time to pay them off.
Post # 13
@sunangel08: my photographer messed up on the contract. He usually charges an extra $1500 for a holiday, but forgot to write it in our contract so he didn’t end up charging it to us because he didn’t put it in. We probably wouldn’t have booked him though if he did charge us the $1500.
Post # 15
First piece of advice is don’t take legal advice from people on bridal message boards (including me)! Second piece of advice is try to reach an agreement that you and the florist can both live with. This is not something you’re going to litigate, especially if you still intend to use this florist, so it doesn’t really matter what the law says. You both overlooked a factual error in the contract, but you still wish to use the florist’s services, so try to work it out. The florist should not have to bear all the loss for a math error that both parties to the contract should have caught before signing. But given that you may not have signed the contract if you were aware of the accurate total cost, perhaps the florist can be persuaded to accommodate you by taking some amount off the total, working out a payment plan, throwing in some extras, or whatever other creative options you and the florist can come up with. Approach the florist with an open mind and a positive attitude, and hopefully that will help create some good will. Good luck.
Post # 16
Thanks all! There is actually nothing in the contract that says it can change and it doesn’t even say “price per item” just has two number columns …I appreciate all the comments tho…and haha no not planning on using the board for actual legal advice…one of my BMs is a lawyer and is helping me out for that…she actually said the contract is in my favor/I have a decent argument considering what’s in the contract.
Was mainly looking to see if anyone had similar problems or had any good tips 🙂 which y’all did! Thanks!!
Post # 17
Talk to the florist first and see if you can come to an agreement that you’re both happy with. Without all the details assuming the florist hasn’t started producing anything since the wedding is so far off you should be able to get all your money back. All state laws are different but in NY no contract exists if there is no meeting of the minds but you would be required to pay a fair value for any goods or services received. If it was an honest mistake they should be willing to work with you, unless they intentionally did a bait and switch.