Any Lawyers here? Have a contract question

**MotoXracer** · 11-27-2007, 11:03 PM

I'm going to try to keep this short and to the point. I signed a contract with a company and paid them a fee for consulting services. In the contract, it said that if i wasn't happy with their service, I could request my money back. Well, after about 2 months, I was not satisfied and requested a refund.

The problem is that the company refunded me most of my money but didn't pay me back the portion my advisor earned as commission. That employee has since left that company. I have contacted that person to request my refund and he's giving me a hard time. His name is on the contract so can I hold him to it even though he doesn't work for the company i had signed the contract with?

Sorry if this is vague but don't want to name names.

**Kratos** · 11-27-2007, 11:06 PM

how much money are we talking?

**MotoXracer** · 11-27-2007, 11:12 PM

Enough to make it worth my time but less then $7,500 so if it came to it, I would be going to small claims court.

**BWhitaker** · 11-27-2007, 11:48 PM

It does seem a bit unfair but its not necessarily as easy as that.

One of the things about a contract is that parties are usually not allowed to have unlimited power to reneg on a contract. Its part of a thing called consideration required in all contracts.

While the contract may be void if no performace was given, you have received a performance from them. If they have met all the requirements minus that part about you being happy, then you may be required specific performance. Which means they may have even been able to give back nothing at all. However, since they did give you back most, I imagine that the court would find that sufficient.

Furthermore, I wouldnt be surprised if somewhere in the contract there is a portion that deals with what you are entitled back and the advisor fee may be exempt. Depends on how detailed of a contract we are talking about.

Im not saying you will lose but these are some things you may have to deal with

**MotoXracer** · 11-28-2007, 12:45 AM

I kind of figured it might be much going after this guy but I don't want to just brush it off. What if I file in small claims court, serve him with the papers, put some pressure on him to try to get this guy to pay up before going to trial. Then if he doesn't budge, just not show up at the trial and be done with it. Would their be any repercussions on my part for not showing up? I know it will be just thrown out but for me to take off work, fly to where they are, rent a car, and pay court fees, it's almost not worth the $$ involved.

**Stock** · 11-28-2007, 08:46 AM

Let us know when your episode of Judge Judy is airing

**BWhitaker** · 11-28-2007, 02:49 PM

Originally Posted by MotoXracer

I kind of figured it might be much going after this guy but I don't want to just brush it off. What if I file in small claims court, serve him with the papers, put some pressure on him to try to get this guy to pay up before going to trial. Then if he doesn't budge, just not show up at the trial and be done with it. Would their be any repercussions on my part for not showing up? I know it will be just thrown out but for me to take off work, fly to where they are, rent a car, and pay court fees, it's almost not worth the $$ involved.

Small claims courts will be less likely to have the issues above addressed, they will be if anyone does any research.

If you bring a claim against someone that lacks probable cause and you do it with the intent of bringing about other aims, there are concerns of being charged with malicious prosecution. This is a complex crime that has many elements to be satisfied, but your not showing up for court will definitely be looked down upon and may bring additional lititgation against you. It would be easier just to bring the claim, and then drop it prior to court if he does not budge. However, this does not completely rule out malicious prosecution by any means.

Unless you want to honestly contest this, I probably would just eat it.