Do I have any recourse after signing a contract for services in which fees are non-refundablebut I have not and will not receive any of those services?

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Do I have any recourse after signing a contract for services in which fees are non-refundablebut I have not and will not receive any of those services?

The contract was signed on behalf of my child. It was for training/rehearsal for a talent showcase. My child got cold feet and couldn’t do it. She has no formal training whatever and I was only planning on signing her up for a limited program, but they talked me into a “master” program which costs a lot more. They already charged my credit card. I’ve been working with their reps but have been given the run around. What can I do?

Asked on September 2, 2011 under General Practice, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the service provider had breached or defaulted on the contract, you would be entitled to your money back--they cannot refuse to perform while also keeping you money. However, from what you write, it was you and your child who decided to pull out; when the customer pulls out from a contract, the provider is entitled to keep any deposits or other fees which the contract itself states that they may.

While you say you were "talked into" a more expensive or higher-level program than you needed, there is no law against being good sales reps. If they lied to you to get you to sign up, that would be different--that might give you grounds to rescind the contract. But if they were merely persuasive, then no.


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