Question for the Legal mags ot those that slept at a H I E last night

**liv2ski** · 08-13-2014, 10:22 AM

I stupidly signed a contract that states it is in effect at the time I signed and dated it. After waiting a week for the vendor to provide the service, I started looking at other options and found one for a lot less $$$$. Contacted the vendor a requested that they cancel the contract. Crickets for the last 4 business days. No returned emails or calls. They have not yet billed my American Express nor provided the services I was promised delivered by 8/5/14.

Am I responsible for this 12 month agreement for $4k if they have yet to perform or even communicate with me since I requested a cancellation on 8/7/14?

I need to resolve this issue as I need this service ASAP. Thx

**PNWbrit** · 08-13-2014, 10:25 AM

Originally Posted by liv2ski

I need to resolve this issue as I need this service ASAP.

Let me guess. Contract was for legal services?

**digitaldeath** · 08-13-2014, 10:32 AM

make them eat it

**irul&ublo** · 08-13-2014, 10:52 AM

Not enough info

**Benny Profane** · 08-13-2014, 10:54 AM

Taze them.

**El Chupacabra** · 08-13-2014, 10:58 AM

Originally Posted by irul&ublo

Not enough info

This.

What was the contract for? You said it's for a 12 month period, but then you also said it (items? services?) was to be delivered by 8/5.

**Cruiser** · 08-13-2014, 10:59 AM

Gotta call Dan Samas

**Benny Profane** · 08-13-2014, 11:00 AM

Shit, better call Saul. After you taze them.

**liv2ski** · 08-13-2014, 11:00 AM

Originally Posted by irul&ublo

Not enough info

I think the key part to my question is the paragraph that states the contract is in effect on the date signed by me. That seems to lock me in while allowing them not to perform. At what point can I tell them to fuck off? The services have not been delivered nor billed. What else do you need, the agreement?

**Platinum Pete** · 08-13-2014, 11:04 AM

Let American Express fight this fight for you. Membership has it's privileges and this is one of them.

**irul&ublo** · 08-13-2014, 11:10 AM

Originally Posted by liv2ski

I think the key part to my question is the paragraph that states the contract is in effect on the date signed by me. That seems to lock me in while allowing them not to perform. At what point can I tell them to fuck off? The services have not been delivered nor billed. What else do you need, the agreement?

This...,

**GeezerSteve** · 08-13-2014, 11:10 AM

Holiday Inn Express

Not enough info

**that dude who did that thing** · 08-13-2014, 11:11 AM

Here's how a lawyer MIGHT go about evaluating your question and developing an appropriate answer:

The contract has termination provisions, look for those.

What state's law will apply to this contract? (Where are you, where are they, where is the service provided, does the contract include a choice of law provision)

Research that state's law on "material breach." Determine whether the failure to perform by August 7 constitutes a material breach.

Calculate the odds of winning or losing that argument. Determine the costs of engaging in the fight.

Research state law on shifting attorney fees.

Review contract for fee-shifting provisions.

Review contract for arbitration provisions.

Review state law for relevant consumer protection statutes. Check for implementing regulations. Determine whether one or both might matter in this case.

After spending 12 hours, tell client to just go ahead and sign up for T-mobile, because it's cheaper even though their coverage sucks. Send bill for $3,000.

**Benny Profane** · 08-13-2014, 11:12 AM

Go all Aurora movie theater on their asses.

**t-the-east** · 08-13-2014, 11:14 AM

What could you have signed up for that's 4k for 12 months? Without at least shopping around a little...

**DJSapp** · 08-13-2014, 11:17 AM

1. Call Amex
2. Report card stolen
3. Re-negotiate terms when they don't get paid. Or flee the country. Whatever.

**Danno** · 08-13-2014, 11:48 AM

Originally Posted by liv2ski

I think the key part to my question is the paragraph that states the contract is in effect on the date signed by me. That seems to lock me in while allowing them not to perform. At what point can I tell them to fuck off? The services have not been delivered nor billed. What else do you need, the agreement?

so, you're asking for legal advice, then telling people that you have provided them with the relevant provision when they ask for more info?

The agreement pretty much always needs to be reviewed in any contract dispute. Nevertheless, in a consumer transaction, the "answer" is often not a purely legal one. What "the law" might say, ie how a court might decide, is somewhat irrelevant in most cases, as people usually don't litigate small disputes to completion. The answer to your question is probably more of a business decision than a legal one. Unless the contract has more relevant details.

**mcsquared** · 08-13-2014, 12:20 PM

I love how people always give an intentionally vague description of the problem when asking for legal advice. As if, explaining it clearly will somehow get them arrested or something. It is ok, this kind of stuff happened when I first moved out of my parents house too.

**liv2ski** · 08-13-2014, 01:11 PM

Never fails. Can't get a returned call, bitch on TGR asking for advise and Voila, receive answer from vendor. They will cancel the contract for $500. Paid and on to the next deal. I apologize for not posting up the contract when I asked my dumb question.

**El Chupacabra** · 08-13-2014, 01:16 PM

Originally Posted by liv2ski

Never fails. Can't get a returned call, bitch on TGR asking for advise and Voila, receive answer from vendor. They will cancel the contract for $500. Paid and on to the next deal. I apologize for not posting up the contract when I asked my dumb question.

Uh... but if the vendor failed to perform by the date specified in the contract, then maybe the vendor breached, and maybe you didn't owe them anything.

**PNWbrit** · 08-13-2014, 01:22 PM

Originally Posted by El Chupacabra

Uh... but if the vendor failed to perform by the date specified in the contract, then maybe the vendor breached, and maybe you didn't owe them anything.

It sure doesn't sound like stumping up $500 was the smartest first move.

But on the other hand at least he didn't actually have to provide any of the actual information so that advice he sought could actually be given.....

.....get the red ones.

**stfu&gbtw** · 08-13-2014, 02:14 PM

As an aside, I stayed at a Holiday Inn Express last night, and it has not imparted to me the knowledge required to resolve your issue. I'm going to sue for breach of contract.

**irul&ublo** · 08-13-2014, 03:16 PM

Originally Posted by El Chupacabra

Uh... but if the vendor failed to perform by the date specified in the contract, then maybe the vendor breached, and maybe you didn't owe them anything.

that....

**liv2ski** · 08-13-2014, 03:19 PM

$500 is chump change to resolve this issue and get onto the next. Anyways, it would cost a few thousand for a legal opinion that I didn't have to pay the $500.

**DJSapp** · 08-13-2014, 03:21 PM

Originally Posted by liv2ski

Never fails. Can't get a returned call, bitch on TGR asking for advise and Voila, receive answer from vendor. They will cancel the contract for $500. Paid and on to the next deal. I apologize for not posting up the contract when I asked my dumb question.

...so they did nothing and you paid them $500?

Did I mention that I have a bridge for sale next to some lakefront property?