Legal Question in Consumer Law in Florida

I hired a company to recover ins. moneys from hurricayne damage to my home and signed a contract for payment to them of 1/3 the total moneys recovered. After their inspection, this company told me that no one could agree on the $ to be paid so they made an appointment with me for an empir to do his inspection in order for an amount to be determined. this was done & I recived checks from the ins. company. Now this company sent me an invoice telling me to write two seperate checks one for the empir for 1/2 the cost of the empire fee and told me that the insurance company would pay the other half. They deducted the amount they say I owe the empire from the total and ask that I write the other check to them for 1/3 of the the moneys after deducting the money for the empire first.There is nothing in contract that said anything about any other costs.They say they told me but they didn't. There is an $800 differance in the way I pay. Should I pay what they say or pay what my contract says?


Asked on 2/22/10, 6:05 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

The contract almost certainly says that you must pay for costs. The cost of the Umpire would be a cost. Ask them to show you where in the contract you are required to pay for the umpire.

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Answered on 3/02/10, 5:53 pm
Lesly Longa Longa Law P.A.

What does your agreement with them state? You pay what the contract says. If they insist you are contractually obligated, ask for a more detailed explanation and review the contract language together. If all else fails, consider consulting with an attorney for a review of the contract. Regards,

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Answered on 3/03/10, 7:14 am


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