FL state service contract law, enforcement of unsigned contract
Miami, FL
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Posted about 1 year ago in Contracts / Agreements
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Services Contract Problem:
I signed a one-year contract with X, but they inadvertently forgot to sign. They charge a fee of $250 a month for access to their database, but six months into the contract I want out, the service and support continue to be awful. I live in Florida. Can I break the contract?
Additional information
Ms. Delain, Thank you for the informative response. I will take your advice and pay the $1,500 balance on the contract. Since X did not sign the contract, I made the erroneous assumption it was not binding. The bad service is a separate issue. Is it worth taking them to court for $1,500? My feeling at this is, no. The energy and effort would be better spent elsewhere. I guess X won. I will however, take the time to send a letter to their president. By the way X publishes a construction journal that also maintains a database of upcoming jobs. Again, thank you. John Answers (2)Nancy Baum Delain
This attorney is licensed in New York.
Posted about 1 year ago.
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Well, yes and no.
Can you just stop paying the $250/month and pocket the money? No. That would be a material breach of the contract on your part -- not something you want to do. However, you CAN see your lawyer about this problem. It is possible that you have a cause of action against X for breach if the service is part of the contract for which you are paying. Winning this could at least get you your money back. Is the inadvertent lack of signature on the contract paperwork a way out of the contract? Probably not at this point; you're halfway through the contract and the contract terms have been performed thus far, at least by you. Good luck with it.
Dennis Andrew Chen
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