chrisjones
Junior Member
What is the name of your state? North Carolina
I’ll be as brief as possible. If anyone has any answers, I can fill in the gaps as needed.
I work for a real estate technology company in North Carolina. We lease technology through a one-year license. The license agreement includes a satisfaction guarantee which states that if after 90 days the agent (the licensor) has used the system as instructed and it has not yielded results, we will gladly refund their money and release them from their obligation. Among other provisions, we reserve the sole discretion to grant a refund, and that only after having reviewed satisfactory documentation of the licensor’s use of the product as instructed and subsequent failure of our technology to yield the promised results.
To make a long story short: a licensee refused to use the system and asked for a refund. We declined. She is currently contacting the rest of our membership in California telling them that there is currently a growing class action lawsuit against us, for fraudulent and deceptive practices, and also that no one has been able to reach us (although we’ve been in daily communication with her for the past three weeks), and all of our phone lines and email have been open and available.
I don’t know what category this would fall under. Tortious interference perhaps? Any advice would be appreciated. We’re not looking to bring her to her knees so much as we just want her to cease causing problems for our otherwise happy clients, and that, as much as is possible, she would simply use our program, because we know she would love the results. Or otherwise take advantage of one of our three reasonable early cancellation options. What can we do? Thanks.
I’ll be as brief as possible. If anyone has any answers, I can fill in the gaps as needed.
I work for a real estate technology company in North Carolina. We lease technology through a one-year license. The license agreement includes a satisfaction guarantee which states that if after 90 days the agent (the licensor) has used the system as instructed and it has not yielded results, we will gladly refund their money and release them from their obligation. Among other provisions, we reserve the sole discretion to grant a refund, and that only after having reviewed satisfactory documentation of the licensor’s use of the product as instructed and subsequent failure of our technology to yield the promised results.
To make a long story short: a licensee refused to use the system and asked for a refund. We declined. She is currently contacting the rest of our membership in California telling them that there is currently a growing class action lawsuit against us, for fraudulent and deceptive practices, and also that no one has been able to reach us (although we’ve been in daily communication with her for the past three weeks), and all of our phone lines and email have been open and available.
I don’t know what category this would fall under. Tortious interference perhaps? Any advice would be appreciated. We’re not looking to bring her to her knees so much as we just want her to cease causing problems for our otherwise happy clients, and that, as much as is possible, she would simply use our program, because we know she would love the results. Or otherwise take advantage of one of our three reasonable early cancellation options. What can we do? Thanks.
