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FL state service contract law, enforcement of unsigned contract

Asked over 3 years ago - Miami, FL

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?

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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

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Attorney answers (2)

Nancy Baum Delain

Reputation Level 11

Answered over 3 years ago. Contracts / Agreements Lawyer in Schenectady, NY.

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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.

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Dennis Andrew Chen

Reputation Level 15

Answered over 3 years ago. Landlord / Tenant Lawyer in Orlando, FL.

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I disagree with Ms. Delain. If you pay them, you have no bargaining room. I would withhold payment and send a letter to the company requesting that they do something to alleviate your concerns. Maybe they could provide an additional three months at no additional charge, or reduce your monthly rate to $200. Do they have an enforceable contract? Possibly, but you will get nothing done without trying. Companies are in the business of making money and many companies would rather work something out than sue you for the money. If they pay hardball you can always issue payment of $1,500 and end the matter.

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