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


Asked on 7/16/10, 12:02 pm

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.

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Answered on 7/16/10, 3:07 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Send me an email and let me know what company. I am currently investigating a company for practices like this.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Attorney licensed in California only. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

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Answered on 7/16/10, 3:09 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 7/16/10, 4:37 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

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.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 7/16/10, 5:26 pm
Kevin B. Murphy Franchise Foundations, APC

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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Answered on 7/17/10, 7:13 am


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