Business Contracts Contract was never signed

[Fleur566]

Jurisdiction

California

I paid a large sum of money for a contract. That contract was never signed by the other party. This was a remote deal. I filled out, signed, scanned, and emailed in the contract. I tried to follow up to verify the contract was finalized with no response. I got busy, forgot about it. Put my faith in the partnership because they seemed like trustworthy people. After being disappointed by their level of support and competence on multiple occasions I decided to look into the contract again. They can't even find it. These people have allowed me to operate under their umbrella for 2+ years, with full access to include marketing, advertising, pursuing and onboarding new clients, all without a contract in place. No protection whatsoever. My faith in this organization is completely lost. I've asked for a return of my investment, politely, and asked for responses to be in writing (email) to which they refused. That's when I got aggressive. I made no actual threats other than finding a lawyer to get my money back. They are now turning around and trying to accuse me of extortion because I used their platform for such an extended period of time. From where I'm sitting I can't trust these people. And no contract means no partnership so what the hell did I pay for? And can they even legally keep my money??

I'm also having a really hard time finding representation for this. The contract is governed by California law. I live in Oregon. They are based in Utah.

 

[Zigner]

A contract doesn't have to be written to be enforceable.

Why do you believe an "investment" is refundable?

 

[adjusterjack]

what the hell did I pay for?

This?:

These people have allowed me to operate under their umbrella for 2+ years, with full access to include marketing, advertising, pursuing and onboarding new clients,

all without a contract in place.

Disagree.

I filled out, signed, scanned, and emailed in the contract.

Presumably you have the scanned copy on your computer.

It doesn't take their signature on the contract to bind you both to it.

After being disappointed by their level of support and competence on multiple occasions

How so?

And can they even legally keep my money??

Yes.

If they have breached the contract and you can prove it, not just say it, and you have suffered monetary damages because of the breach, you can file suit to recover that loss, which is not necessarily going to be all your money back.

BTW, did you buy a franchise? Sounds like it?

Sounds like buyer's remorse.

 

[zddoodah]

I paid a large sum of money for a contract.

You paid a large sum of money for a contract? Did you mean that you entered into a contract pursuant to which you paid a large sum of money? For what?

I filled out, signed, scanned, and emailed in the contract. I tried to follow up to verify the contract was finalized with no response.

And despite not having a contract signed by the other party, you still voluntarily paid a large sum of money?

I decided to look into the contract again. They can't even find it.

Does that mean you didn't keep a copy of the contract you signed?

These people have allowed me to operate under their umbrella for 2+ years, with full access to include marketing, advertising, pursuing and onboarding new clients, all without a contract in place.

Allowed you to operate what?

No protection whatsoever.

Protection from what?

My faith in this organization is completely lost. I've asked for a return of my investment

Investment? First you said this was a contractual arrangement for you to operate something. Now you're describing it as an investment?

They are now turning around and trying to accuse me of extortion

What does "trying to accuse" mean? Did you simply mean that "They are accusing" you of extortion?

I used their platform for such an extended period of time.

And you presumably realized benefits from using this platform. Correct?

And no contract means no partnership so what the hell did I pay for?

You tell us. Also, no written contract doesn't necessarily mean no contract.

can they even legally keep my money?

There is no conceivable way anyone can address this intelligently without an explanation of the nature of the relationship and review of the written contract that only you signed.

It doesn't take their signature on the contract to bind you both to it.

As phrased, I disagree. I would agree with: "It might be binding on both parties despite the other party's failure to sign."

 

[adjusterjack]

As phrased, I disagree. I would agree with: "It might be binding on both parties despite the other party's failure to sign."

Fair point.

 

[Zigner]

Fair point.

I expect that my occasional pedantry will no longer be mocked.

 

[Fleur566]

Fair point.

The money I paid was for the contract. And the contract was never signed by the other party. The contract is an affiliate agreement for a payment processing brokerage. They absolutely do need to sign it because when I called them out on their mistake they emptied and took away access to my residuals. From where I'm sitting that's an extreme case of incompetence and negligence and I feel entitled to a refund. I have lost all faith and trust in their organization. Communication has always been like pulling teeth and they've left me high and dry on a number of occasions. Their support did nothing but impede my progress. It is very much buyer's remorse, but I feel an unsigned contract warrants a return of my money. Since that's what it paid for.

On top of all this, the one email response I got said they put my refund in my residuals account and I can have it if I sign the agreement. That doesn't sound like an ethical thing to do in the slightest lol. Trying to bait me to sign a contract with a company I no longer want to be a part of?

I call a lot of things an investment. I call going to the gym an investment in my health lol. Didn't mean for it to be taken literally. Guess I should choose my words more carefully with a bunch of lawyers in the house

When I say operate I simply mean operating in the capacity of my role within the company as an independent agent. They're only defense for not returning my money thus far is that I utilized their support for the last 2 years. Support that was garbage from the get go and actually hurt my reputation as payment processor.

 

[Zigner]

They're only defense for not returning my money thus far is that I utilized their support for the last 2 years. Support that was garbage from the get go and actually hurt my reputation as payment processor.

This hurts you more than it helps you. You (both) performed as if there were a valid contract. Your recourse seems to be whatever is contractually allowed. Read your contract.

 

[adjusterjack]

I expect that my occasional pedantry will no longer be mocked.

Can't promise that. Mocking will be on a case by case basis.

 

[Fleur566]

This hurts you more than it helps you. You (both) performed as if there were a valid contract. Your recourse seems to be whatever is contractually allowed. Read your contract.

The contract does not apply as it was not signed by the other party. This is the conundrum I find myself in. How am I being governed by a contract that was never finalized??? They never signed it. For all intents and purposes the contract does not exist. It must be signed by both parties. My signed copy does not count for anything. I might as well shred it. They've already acknowledged that the contract was never completed. I'm no lawyer, but it seems like a cut and dry case to me.

 

[adjusterjack]

Believe what you want to believe.

If you want more helpful comments from here:

1 - Describe the nature of your business arrangement with them. Type of business. What you were each supposed to do for each other. What they didn't do for you. What their recalcitrance cost you (dollar amount please).

2 - What is your goal? What do you want from them? Describe a resolution that will satisfy you. If it's money you want, say how much. (Again, dollar amount please.)

3 - Upload a copy of the contract that you signed and sent back to them. Redact any identifying information.

 

[Zigner]

A contract does not necessarily need to be signed to be enforceable. Think about it. You make contracts all the time without signing them. When did you last sign a contract for a loaf of bread you bought?

 

[Fleur566]

Believe what you want to believe.

If you want more helpful comments from here:

1 - Describe the nature of your business arrangement with them. Type of business. What you were each supposed to do for each other. What they didn't do for you. What their recalcitrance cost you (dollar amount please).

2 - What is your goal? What do you want from them? Describe a resolution that will satisfy you. If it's money you want, say how much. (Again, dollar amount please.)

3 - Upload a copy of the contract that you signed and sent back to them. Redact any identifying information.

I'm just looking for someone who can tell me if I might have a case or not. As a consumer, I paid for something that I ultimately did not receive.

The contract is an affiliate agreement with a credit card processing brokerage. I paid $10k for the agreement. The support included a Facebook group, email support, and text chat support. All of which have been essentially useless in the long run. They went against they're own agreement and were allowing agents to cover monthly fees thru their own residuals with cash discount accounts. They finally decided to put an end to it and in doing so made me go back on my word with a client damaging my reputation. On other occasions they have interfered and made changes on applications without saying anything to me causing confusion between my clients and I also damaging my reputation. These guys pride themselves and harp on their agents about prioritizing and maintaining relationships, but then they turn around on you and prioritize profit instead. I'm not really trying to go after them for any costs I paid to get the business off the ground, but if I had to venture an estimate I'd say it was around 3k overall, in addition to the 10k.

They market it as a mentorship program. They call themselves mentors. They convince people they'll benefit from their expertise when in reality they don't teach you anything in there you can't find online for free. You could literally teach this to yourself and go independent without anyone's help at all. They convince people they need to spend 10k to get into this industry. I have a real estate friend who says real estate brokerages do the same thing to new realtors. It's a very common practice and very deceptive. Nothing but a money grab. They say all these great things about helping you start your own processing business, but then once you're in there you're essentially on your own. And if you're not a big producer they just shrug you off. Many support requests I've sent them over the last couple years have gone unanswered or unresolved. I've had to correct their own mentors on more than one occasion. I'm the one that identified the missing contract as well. I was marketing and everything with their name on my product with no contract in place. Pursuing and on boarding clients with no contract. I can only assume that if something had gone wrong and that contract wasn't there it could've hurt me legally and financially. I had every reason to believe that the contract had been finalized as I was fully on boarded and given access after it was submitted. Once I identified it was missing, they pulled that access. I put my faith and my trust in these people because they had me convinced it was worth the investment. A lifetime arrangement. A side gig I could slowly build on and generate extra income. I made serious life changes to make this work. I quit my job, I rented out my 3rd bedroom and moved into my garage. I started doing rideshare for a more flexible schedule. I've driven myself further into debt by sacrificing hours on the clock with my regular job. I've sacrificed family time. I did all this only to find out they can't do something as simple as signing a contract. Now I've lost all faith in them. Have I no recourse for this display of incompetency? I understand the law does not care about what I believe or how I feel. I'm ex military so these principles are important to me. All I want is my money back.

Not to mention the CEO himself dangled my "refund" in my face by putting it in my residuals account and said I could have it if I sign the agreement. How is that not a bribe at the very least?

My assumption is that they're scared because I caught them with their pants down. They gave me access to all their proprietary info and I'm not bound by a contract. And they know that I'm pissed. Even tho no actual threats were made except to call a lawyer, they have accused me of extortion. These guys are millionaires and I'm legitimately worried about the well being of me and my family. I haven't done anything wrong here. I'm worried they're going to find some legal loophole that can get me thrown in jail or shut me up so I don't damage their reputation even tho I've been very clear that is not my intention. They haven't acknowledged or refuted any of my claims. They've made no effort to resolve this peacefully. They initially ignored my emails and admitted to doing so.

Might be worth noting that the business name they use in the agreement is completely different from the one I've been working with. The only place I've seen that name is in this agreement.

 

[Fleur566]

A contract does not necessarily need to be signed to be enforceable. Think about it. You make contracts all the time without signing them. When did you last sign a contract for a loaf of bread you bought?

Then what's the point of having a written contract at all? Sounds to me like the law works more in favor of the business and screws the consumer. Besides, they've acknowledged that the contract was never completed and they pulled my access because of it. It obviously has some binding effects according to them. And if I buy a loaf of bread that had cockroaches in it I could take it back to the store for a refund. What of it? Haha

 

[Zigner]

The more you post, the more this sounds like buyer's regret. You keep going back to not being bound by the contract, but you probably are bound by it, or at least major portions of it.
This is enough money that you will want to speak to a local attorney - an internet forum will not help you much.

 

[Zigner]

Then what's the point of having a written contract at all? Sounds to me like the law works more in favor of the business and screws the consumer. Besides, they've acknowledged that the contract was never completed and they pulled my access because of it. It obviously has some binding effects according to them. And if I buy a loaf of bread that had cockroaches in it I could take it back to the store for a refund. What of it? Haha

But, yours is not that situation. Yours is a situation where you bought the bread and don't like the taste of it, and now want to return it after you've eaten 2/3 of it.

 

[Fleur566]

But, yours is not that situation. Yours is a situation where you bought the bread and don't like the taste of it, and now want to return it after you've eaten 2/3 of it.

Quite the opposite actually. I was lied to about the contents of the bread. It was not bread at all. I never actually received the bread. I've uploaded the contract as requested by another member. You're free to look it over.

 

[Zigner]

Quite the opposite actually. I was lied to about the contents of the bread. It was not bread at all. I never actually received the bread. I've uploaded the contract as requested by another member. You're free to look it over.

No, you nibbled at the bread for over two years, complaining that you didn't like the taste, but it was still bread.
This argument is going to go nowhere. Maybe I'm completely wrong. Maybe I'm completely right. More likely, it's somewhere in between. Speak to a local attorney.

 

[Fleur566]

No, you nibbled at the bread for over two years, complaining that you didn't like the taste, but it was still bread.
This argument is going to go nowhere. Maybe I'm completely wrong. Maybe I'm completely right. More likely, it's somewhere in between. Speak to a local attorney.

Okay fine. I nibbled at the bread for 2 years only to find out that I was being poisoned. I'll end it with that lol. I'm trying to get in contact with a lawyer and having issues doing so. That's why I came here. I never imagined it could be this difficult to find legal aid.