If I signed a contract that says "no refunds" do I have any chance of winning in Small Claims Court?
San Diego, CA
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Posted about 1 month ago in Contracts / Agreements
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Suing a dog-training company that made no progress with my dog in the two areas I hired them for (biting and jumping up in people's faces) after 7 weeks.
Answers (4)Robin Mashal
This attorney is licensed in California.
Posted about 1 month ago.
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Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
The question is whether this company has "materially breached" the contract or not. The answer will depend on the facts and circumstances of your case: Did they do what they were supposed to do? Was there a reason that despite their best efforts you did not get the result you wished? Did they disclaim guaranty as to results? If there is a material breach, you will have a chance of winning your case. Pamela Koslyn
This attorney is licensed in California.
Posted about 1 month ago.
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You don't provide any facts regarding the company's failure to make progress with your dog, and apparently your dog has gotten 7 weeks of training, even if so far in your view there's been no progress.
I'm guessing that the written contract also included a specific disclaimer of any guarantees of any particular result. If so, between that and the "no refunds" term, you will probably not do well in Small Claims court. Even if there's nothing mentioned about no guarantee, "no refunds," implies that sometimes less than great results are expected. A contract question is hard to respond to without reviewing the contract in its entirety --since all contracts are unique and there's no such thing as a "standard" contract, you're best off having someone review your particular contract to see what's been agreed to and what your rights and remedies are. You may not even have the option of Small Claims court, if, for example, the contract requries disputes to be arbitrated. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Laura Mcfarland-Taylor
This attorney is licensed in Illinois.
Posted about 1 month ago.
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I don't think you will do well in small claims court for three reasons: first, the contract says "no refunds" and I'm betting it also states that they do not guarantee results; second, the company is going to claim that you failed to reinforce the training they provided and under those circumstances they should not be held responsible if your dog did not progress as you wanted; third, you received services for 7 weeks - not a really long time to train a dog with bad habits (the Dog Whisperer not withstanding) and, presumably, he did make some progress in other areas.
thegtpreschool
Posted about 1 month ago.
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Thanks everyone. I allowed 7 weeks but the trainers came to my home 3 times in the first 3 weeks. They wanted me to attend group classes but I couldn't because my dog was biting me. Couldn't get her in the car or ride with her. They did not come back to help with this and say that this group training was available to me, but did not help me with the issue of getting her there. I used their training techniques and she made absolutely no progress in this area.
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