Legal Question in Consumer Law in California

Our doctor recommended as part of our fertility treatment that we find an egg donor. We examined several banks & found someone we thought would be suitable. According to the agency, the egg donor we selected had never before been through the process but was available & happy to proceed. So we signed a contract with the agency & paid its fee.

Everything went as intended until the egg donor�s appointment with our doctor. The office staff recognized her & looked through their records. It turned out that she had donated previously. Consequently, the doctor stopped the process & informed the agency they had put this person in their database under false pretenses.

The agency sent us an e-mail acknowledging the donor falsified her application & they did not catch it in their screening process. Nevertheless, the only choices we�ve been given is to pick someone else from their database or a refund of 50 percent. But there is nobody else we like and nothing we can find in the contract pertaining to fraud. We, therefore, would like to be released from the contract & issued a full refund.

Must we honor the terms of the agreement when we signed the contract in good faith with no knowledge that a fraud had been committed? What are our options?


Asked on 11/30/10, 12:56 pm

1 Answer from Attorneys

You should be entitled to your money back.

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Answered on 12/06/10, 4:50 pm


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