Seeking legal advice...
11-05-2001, 02:20 PM
#1
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Seeking legal advice...
Ok, Alex (wife) signed up for martial arts classes one year ago this month. I was a little surprised when she signed a contract for $172/month without discussing with me first, but hey, if she wants martial arts lessons who am I to refuse right?
Well, after 9 months the eye doc told her to stop going for fear of her losing her sight. So, she talked to guy about cancelling and he said that it would be fine if she gave him a letter from the eye doc.
She supplied said letter... nothing changed. She supplied a second letter from a second eye doc... nothing changed. We are at the point where he won't let us on the premises.
Everything he told her (verbal, not written) he has gone back on.
Well, the year is up, so we figured it was all over. We'd be out a bit of dough, but at least it was over.
NOPE!
The contract states that she signed up for 35 months!!
Other pertinent facts?
Alex is legally blind and didn't take the time to read the contract. She was expecting to sign a contract for 1 year...not 35 months.
She was told that she could get out of the contract with a letter. The proprietor has changed his mind on that.
Everything he told us has been turned around... it was just his word...nothing legal.
Well, the contract is legal. "We" signed it in good faith...expecting to honor the 1-year commitment. Is it beyond reasonable expectations when a doctor says to cancel the contract?
Anything else we can do with this?
Thanks!
Panicked
Well, after 9 months the eye doc told her to stop going for fear of her losing her sight. So, she talked to guy about cancelling and he said that it would be fine if she gave him a letter from the eye doc.
She supplied said letter... nothing changed. She supplied a second letter from a second eye doc... nothing changed. We are at the point where he won't let us on the premises.
Everything he told her (verbal, not written) he has gone back on.
Well, the year is up, so we figured it was all over. We'd be out a bit of dough, but at least it was over.
NOPE!
The contract states that she signed up for 35 months!!
Other pertinent facts?
Alex is legally blind and didn't take the time to read the contract. She was expecting to sign a contract for 1 year...not 35 months.
She was told that she could get out of the contract with a letter. The proprietor has changed his mind on that.
Everything he told us has been turned around... it was just his word...nothing legal.
Well, the contract is legal. "We" signed it in good faith...expecting to honor the 1-year commitment. Is it beyond reasonable expectations when a doctor says to cancel the contract?
Anything else we can do with this?
Thanks!
Panicked
11-05-2001, 02:41 PM
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Have a look at your state's consumer protection statutes (usually Civil Code). In CA, for example,
if you have a doctor provide proof of disability and you are unable to receive all "health studio services" for which you have contracted, you are relieved from making further payments.
In CA, health studio contracts can be for a period no greater than 3 years.
Also, if the contract doesn't state the above, it is unenforceable by the health club.
"Health studio services" means a "contract for instruction, training or assistance in physical culture, body building, exercising, reducing, figure development, or any other such physical skill . . . ." Seems like martial arts are covered to me.
I'll look around at Maine statutes to give you a start, but I'm not taking you as a client, okay? :-) It's not prudent to give legal advice over the Internet.
CA CIVIL CODE SECTION 1812.80-1812.95 (linked below)<ul><li><a href="http://caselaw.lp.findlaw.com/cacodes/civ/1812.80%2D1812.95.html">http://caselaw.lp.findlaw.com/cacodes/civ/1812.80%2D1812.95.html</a></li></ul>
In CA, health studio contracts can be for a period no greater than 3 years.
Also, if the contract doesn't state the above, it is unenforceable by the health club.
"Health studio services" means a "contract for instruction, training or assistance in physical culture, body building, exercising, reducing, figure development, or any other such physical skill . . . ." Seems like martial arts are covered to me.
I'll look around at Maine statutes to give you a start, but I'm not taking you as a client, okay? :-) It's not prudent to give legal advice over the Internet.
CA CIVIL CODE SECTION 1812.80-1812.95 (linked below)<ul><li><a href="http://caselaw.lp.findlaw.com/cacodes/civ/1812.80%2D1812.95.html">http://caselaw.lp.findlaw.com/cacodes/civ/1812.80%2D1812.95.html</a></li></ul>
11-05-2001, 02:58 PM
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I don't have access to Lexis or Westlaw anymore, and the link to Maine's
Codes is down (http://www.state.me.us/government/law.html).
Try contacting your Attorney General's office (link below). They should be able to steer you in the right direction.<ul><li><a href="http://www.state.me.us/ag/homepage.htm">http://www.state.me.us/ag/homepage.htm</a></li></ul>
Try contacting your Attorney General's office (link below). They should be able to steer you in the right direction.<ul><li><a href="http://www.state.me.us/ag/homepage.htm">http://www.state.me.us/ag/homepage.htm</a></li></ul>
11-05-2001, 03:15 PM
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"We are at the point where he won't let us on the premises"...That strikes me as an..
...obvious out on payment. He can't be charging you for lessons that he's not willing to give you. BEsides, how is he getting the money? No matter what, you should not be paying. If he's got some auto-deduct thing going, you can block that easy enough. Let him sue you. If he does, then you'll get a judge to resolve it properly.
11-05-2001, 03:16 PM
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NC for me (Schwing's right)... I do appreciate you helping point me in the right direction.
You hit the nail on the head though. The contract is for less than 3 years. We supplied the letter from two eye doctors.
I sure hope this all applies. I'm starting to email different local lawyers for advice. Also going to check with the local TV channels to see if this guy can get some bad press.
Ultimately, I'd like to see him pay be back for the past 6 months of payments as he promised to do. :-(
I sure hope this all applies. I'm starting to email different local lawyers for advice. Also going to check with the local TV channels to see if this guy can get some bad press.
Ultimately, I'd like to see him pay be back for the past 6 months of payments as he promised to do. :-(
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11-05-2001, 03:32 PM
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Noth Carolina law site url
Hi o2b,
This is a url for a pretty comprehensive NC law site. Don't know how much it will help but its worth nosing around. It may just boil down to a game of chicken between you and the gym guy....good luck.
http://www.lawsource.com/also/usa.cgi?nc
Marsha
02 Moro blue 180QC<ul><li><a href="http://www.lawsource.com/also/usa.cgi?nc">http://www.lawsource.com/also/usa.cgi?nc</a</li></ul>
This is a url for a pretty comprehensive NC law site. Don't know how much it will help but its worth nosing around. It may just boil down to a game of chicken between you and the gym guy....good luck.
http://www.lawsource.com/also/usa.cgi?nc
Marsha
02 Moro blue 180QC<ul><li><a href="http://www.lawsource.com/also/usa.cgi?nc">http://www.lawsource.com/also/usa.cgi?nc</a</li></ul>