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

[quincy]

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.

You potentially could file a complaint with California’s Department of Consumer Affairs (https://www.dca.ca.gov/consumers/complaints/consumer.shtml) if you sincerely believe that the company deceived you and is deceiving consumers by misrepresenting the services they offer.

I am not sure from what you have said, however, that they are.

You could also go over the entire contract with an attorney in your area to get a better idea of where you stand legally, if you decide to pursue a refund.

 

[quantcook]

You potentially could file a complaint with California’s Department of Consumer Affairs (https://www.dca.ca.gov/consumers/complaints/consumer.shtml) if you sincerely believe that the company deceived you and is deceiving consumers by misrepresenting the services they offer.

I am not sure from what you have said, however, that they are.

You could also go over the entire contract with an attorney in your area to get a better idea of where you stand legally, if you decide to pursue a refund.

thanks quincy. just did.
I really think if simple business honesty like this cannot be justified, the constitution is really promoting fraud, and people will use their action to exploit the loophole of the constitution.

 

[doucar]

What has the Constitution to do with you failing to read a contract or breach of contract claim?

 

[quincy]

thanks quincy. just did.
I really think if simple business honesty like this cannot be justified, the constitution is really promoting fraud, and people will use their action to exploit the loophole of the constitution.

There have always been, and probably always will be, individuals and entities who profit from exploiting the innocent, the ignorant and the unsuspecting. Even Sophocles eons ago recognized that “profit is sweet, even if it comes from deception.”

That said, what you have described sounds less like company deception or misrepresentation and more like a failure to fully understand what your money was buying in the way of services.

Good luck.

 

[adjusterjack]

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.

You didn't read the contract thoroughly before making your purchase.
You didn't keep a copy of the contract.
And now you imply that you read the reviews AFTER you made your purchase.

 

[quincy]

Unfortunately, many consumers rely solely on what they are told by a sales representative and will sign a contract without reading it, perhaps not understanding that it is (generally) the written words that govern.

Often this is not a problem because all parties perform to expectations.

 

[quantcook]

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?




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.




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




Huh?




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

what I signed with them is just an invoice, one page invoice.
however in the invoice, they give a link of their master subscription agreement(MSA) which writes they don't issue refund.
I wonder if this is the right way of signing a contract. they can change the MSA in their website link anytime but I never had a signature or initial on the MSA.

 

[adjusterjack]

hat I signed with them is just an invoice, one page invoice.
however in the invoice, they give a link of their master subscription agreement(MSA) which writes they don't issue refund.

Had you gone to the website the day you signed the invoice you would have seen, before signing, that there were no refunds.

wonder if this is the right way of signing a contract.

The right way to sign a contract is

1 - Read it carefully and thoroughly.
2 - Understand it and the consequences.
3 - Keep a copy.
4 - If there is reference to anything outside the contract that the contract binds you to, read it and keep a copy.

You apparently did none of that and now must suffer the consequences.

they can change the MSA in their website link anytime

Had you done items 1 through 4 you wouldn't have to be concerned with that now.

I never had a signature or initial on the MSA.

Didn't need one. The invoice referred you to the MSA which bound you to it's provisions.

It's like buying a house in an HOA. Your purchase contract (which you sign and agree to) says you are bound by the CC&Rs (Covenants, Conditions, & Restrictions). You don't sign the CC&Rs but you are still bound by them. Most buyers don't even read them until something goes wrong and they are fined for doing something wrong or are denied something they want to do. When that happens they, like you, complain about it but there's nothing they can do about it.

 

[quantcook]

Had you gone to the website the day you signed the invoice you would have seen, before signing, that there were no refunds.



The right way to sign a contract is

1 - Read it carefully and thoroughly.
2 - Understand it and the consequences.
3 - Keep a copy.
4 - If there is reference to anything outside the contract that the contract binds you to, read it and keep a copy.

You apparently did none of that and now must suffer the consequences.



Had you done items 1 through 4 you wouldn't have to be concerned with that now.



Didn't need one. The invoice referred you to the MSA which bound you to it's provisions.

It's like buying a house in an HOA. Your purchase contract (which you sign and agree to) says you are bound by the CC&Rs (Covenants, Conditions, & Restrictions). You don't sign the CC&Rs but you are still bound by them. Most buyers don't even read them until something goes wrong and they are fined for doing something wrong or are denied something they want to do. When that happens they, like you, complain about it but there's nothing they can do about it.

i think you are right, i didn't read the MSA before signing.
while, to prevent others making the same mistakes, I started calling realtors and wrote a script to send emails to other realtors with my experience with the company, it's all objective , I'm not making up any facts. and there's no clause in MSA that prevent me from sharing my experience with other people.
I think all those are legal.

 

[Zigner]

i think you are right, i didn't read the MSA before signing.
while, to prevent others making the same mistakes, I started calling realtors and wrote a script to send emails to other realtors with my experience with the company, it's all objective , I'm not making up any facts. and there's no clause in MSA that prevent me from sharing my experience with other people.
I think all those are legal.

Your email DOES include that everything the company did is fully transparent and clearly laid out in their terms of service, right?

 

[PayrollHRGuy]

i think you are right, i didn't read the MSA before signing.
while, to prevent others making the same mistakes, I started calling realtors and wrote a script to send emails to other realtors with my experience with the company, it's all objective , I'm not making up any facts. and there's no clause in MSA that prevent me from sharing my experience with other people.
I think all those are legal.

Legal or not such action could end up with you in court defending yourself against a defamation suit. One in which even if you win, you lose.

 

[quincy]

i think you are right, i didn't read the MSA before signing.
while, to prevent others making the same mistakes, I started calling realtors and wrote a script to send emails to other realtors with my experience with the company, it's all objective , I'm not making up any facts. and there's no clause in MSA that prevent me from sharing my experience with other people.
I think all those are legal.

I think you made what could be a major mistake in doing that.

 

[adjusterjack]

wrote a script to send emails to other realtors with my experience with the company,

Quote the text of that email word for word.

it's all objective

We'll be the judge of that.

there's no clause in MSA that prevent me from sharing my experience with other people.

How naive. Do you really think that's a defense to a defamation lawsuit?