Legal Question in Business Law in California
I signed a contract with a company in a different state then me (I am in California, they are in Georgia). They are suppose to provide internet leads to my company. I gave them $780 and 16 months later they havent produced any leads. I asked them for my money back and they said the contact states "no refunds or cancellations". I looked at the contract and it is 100% one sided in their favor. The contract gives them unlimited access to do anything and gives the client no rights to do anything. Is there any way out of this?
Thanks for your help
5 Answers from Attorneys
Sounds like you have a case for breach of contract and maybe fraud. I also bet it will cost you far more than $780 to obtain a judgment and collect on it.
Send me an email and let me know what company. I am currently investigating a company for practices like this.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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I'd say probably not. First, the contract probably places jurisdiction in the Georgia courts. Second, it probably has an attorney-fee clause, so if you lost you'd end up paying their defense lawyer. Third, sounds like you signed the contract without reading it. "I didn't know that was in there" is not a defense.
Consider this a cheap lesson. Any possible claim you might have, and it is not clear that you do, will cost you more than $780 to pursue. Next time read the contract more carefully before you sign.
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The other attorneys are right on point here. The time to carefully read a contract is before you sign it, not down the road when there are problems. You may have a case against them, but with the geography and dollar amount, it's not worth pursuing. Consult with an attorney in your area before you sign a contract like this in the future.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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