If I’ve entered into a home warranty program with a retailer 8 months ago but am unhappy with it, do I have a case for small claims court?

I’ve paid a monthly fee for this program and was told by the representive when signing up for this program, that I could cancel before the year was over and get all my monthly fees back excluding any technician fees if a technician was scheduled. I’ve had enormous issues with this program, never received my contract/welcome kit (requested twice) and decided to cancel the program after 7 months. I am now being told that I will not get any money; the only thing I am getting is a prorated amount for the month I am cancelling on. I’ve spent huge number of hours of calls, emails and phone calls but have not gotten anywhere.

Asked on April 2, 2015 under General Practice, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The agreeemnt is a contract and you will be bound by contract law in your state.  The terms that you agreed to will govern and generally speaking, the information told to you by the rep may not be admissable in court unless you can prove that it was an inducement to contract and false information. Good luck.


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