Realtor Leads Service Doesn't have refund policy, is this legal?

[quantcook]

You didn’t get your own copy? That was a mistake. Have you checked online to see if there is a copy of the standard contract’s terms and conditions?

Before you think of suing, you should wait for the contract so you can determine better what exactly you agreed to. In the meantime, you might want to print off pages from, get screenshots of, the company’s website. You want to show any marketing claims that might have been made that exceed puffery.

the company is (Name removed).com, they have a master agreement on their website when I logged in, containing clauses such as below. I didn't look at the details of the contract when sign up for their service, I thought this should be a reliable company and didn't realized they had bad reviews online. But even if the contract says no refund and no guarantee, does that mean consumer who overlooked the contract are subject to exploiting? e.g. a company's contract can say we won't provide any service/product to you and you won't get the money back, is this contract legal in the first place?

part of agreement.

Fees. You shall pay all fees specified in Order Forms. Except as otherwise specified herein: (i) fees are based on SetSchedule Services purchased and notactual usage and (ii) payment obligations are non-cancelable and fees paid are non-refundable.

NO WARRANTIES. NOTWITHSTANDING SECTION 11 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS), SETSCHEDULE SERVICES ANDPREMIUM SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY, INDEMNITY, CONFIDENTIALITY OR SUPPORT OBLIGATIONS.

 

[quantcook]

I have trouble understanding why people complain of a "breach of contract" when they don't even have a copy of the contract.

yep, I made a mistake not reading through all pages of the contract before signing up the service.

 

[PayrollHRGuy]

will this be enough to satisfy a breach of contract?

None of us know because none of us have seen the contract you think they breached.

 

[zddoodah]

the service company said that I will receive leads in my county but turn out I didn't receive any.
will this be enough to satisfy a breach of contract?

Context...who said this? In what manner was it said? Did you meet with someone in person? Speak over the phone? Internet chat? Traded emails? Was there written documentation? If so, is the documentation consistent with what you were told?

what info do you need to determine if I can sue them in MD?

How is it that you came to do business with this company? Is the company a corporation? LLC? Something else? Does the company have any physical locations or employees in MD? Where and how was the contract negotiated?

The general rule is that a defendant is subject to jurisdiction in any state in which he/she/it is resides or is incorporated/organized or has continuous or systematic contacts. It is not enough that the company did business with someone in MD (you). You have to prove more than that. Also note that some states don't allow small claims suits against non-residents.

Since I live in MD, not CA, it doesn't make economic sense to travel to CA to sue them right?

I'm not in any position to determine what makes economic sense for you.

wouldn't it be feasible to sue them in MD based on
Place of Contract Administration

Huh?

i'm requesting the contract I signed but they didn't give me yet.

Why didn't you make a copy at the time you signed it?

 

[Zigner]

I think you're out of luck on this one...but the attorney you consult with may be able to better answer your questions.

 

[Zigner]

yep, I made a mistake not reading through all pages of the contract before signing up the service.

That is quite likely true.

 

[Zigner]

Just FYI - the agreement you seemed to have entered to also contains an arbitration clause and and attorney's fees provision.

 

[quincy]

... I didn't look at the details of the contract when sign up for their service, I thought this should be a reliable company and didn't realized they had bad reviews online. But even if the contract says no refund and no guarantee, does that mean consumer who overlooked the contract are subject to exploiting? e.g. a company's contract can say we won't provide any service/product to you and you won't get the money back, is this contract legal in the first place? ...

It is important to read all contracts carefully before signing. Once signed and very generally speaking (because there are exceptions), the contracts are considered legally binding on the parties.

The name of the company is being removed from your post, for your protection, and your post will be returned to the thread once edited.

 

[adjusterjack]

I have trouble understanding why people complain of a "breach of contract" when they don't even have a copy of the contract.

And I have trouble understanding how a realtor, who presumably deals with complex real estate contracts and procedures, is clueless enough to get himself into this kind of mess.

 

[Zigner]

For a $20 video game, I'll skip reading the terms and conditions and just click the box. For a $1,600 subscription service, you'd better believe I'll read every word.

 

[quantcook]

I have trouble understanding why people complain of a "breach of contract" when they don't even have a copy of the contract.

that's my mistake, didn't read the agreement thoroughly before signing, the sales lady pushed me to sign it on the day saying they have a promotion right now. I thought this company is providing good service as generating leads are quite common in real estate industry.
my mistake anyway.

 

[quincy]

that's my mistake, didn't read the agreement thoroughly before signing, the sales lady pushed me to sign it on the day saying they have a promotion right now. I thought this company is providing good service as generating leads are quite common in real estate industry.
my mistake anyway.

If you cannot convince the company to voluntarily refund your money, you might want to chalk this up as a (costly) lesson learned.

 

[Zigner]

If you cannot convince the company to voluntarily refund your money, you might want to chalk this up as a (costly) lesson learned.

Alternatively, the OP could continue with the service through the remainder of the term. Of course, he'll have to re-authorize the charge (or pay for the service in another way).

 

[quincy]

Alternatively, the OP could continue with the service through the remainder of the term. Of course, he'll have to re-authorize the charge (or pay for the service in another way).

Yes. quantcook has a few options, including continuing with the service to see if it improves or suing. I am not sure either of those make much financial sense, though.

 

[quantcook]

If you cannot convince the company to voluntarily refund your money, you might want to chalk this up as a (costly) lesson learned.

lesson learned!
based on their reviews, it seems unlikely i'm the first one to have the loss, and likely my loss is much less than others.
My question now is, it's definitely not a healthy practice to let such company to continue fraud the industry, so isn't a way to make justice on this?
If no, i'd thinking of hiring an attorney to draft a contract that is totally biased towards my interest and hire a few telemarketer to make people sign up with my service and with no intention to deliver any material product at all then just sleep with the easy money.