Exclusive Cable Contracts

[Poshdeb]

Jurisdiction

North Carolina

Hello,

I recently purchased a townhome. Prior to purchasing and closing i was given the utility and municipality information. I noticed that a specific cable company was listed and inquired if I was limited to just using that company. I was advised that the company ran the cable lines for the property but I could use any internet and cable provider. I have the email which confirmed that.

Once I closed and then proceeded to have the utilities changed to my name, I found out that no other cable provider other than the one who ran the lines could provide service. The cable company who tried to service my townhouse disclosed that due to an exclusivity contract signed with the developer and the other cable company they could not access the property.

Needless to say I am livid as I work from home and need to get a business modem installed which is paid for by my company. Any issues are then handled through the IT department. In the interim i had to sign up with the cable company listed, and use the same modem for my home and work.

I reached out to the builder to have them provide me with information on where that is disclosed as my realtor and I found no information in the purchase or closing documents. I have been met with a wall of silence after numerous calls, texts and emails. I intend to file complaints with the BBB and Attorney General's office. Any advice on my pursuing this issue?

 

[mightymoose]

I'm not clear who you intend to fault over this or stay you hope to gain through legal action. BBB is a waste of time and this diddoes seem the sort if issue that is intended for them anyway. The AG is really jumping the gun as you don't have a clear legal issue yet. Best to get your information together first and figure out what the problem is.

I would start by asking the company refusing service to indicate what source they are referring to when telling you they can not provide service. Talk with neighbors to see if they can shed some light. You might also talk with the mortgage title company to see if they can dig up anything related.

 

[adjusterjack]

I was advised that the company ran the cable lines for the property but I could use any internet and cable provider.

"I was told" is the most dangerous phrase in the English language.

 

[Tax Counsel]

Hello,
Any advice on my pursuing this issue?

Anything that is truly important to you in the purchase of a home should be included in the purchase contract. Therefore, if being able to get cable by some other provider than the one they listed in their promotional materials was important you should have insisted that they guarantee to you that there was no restriction on what cable firms you could use. Did you get such a provision in your contract? If you didn't, I don't see much in the way of legal recourse for you here.

 

[hrforme]

Is there some reason that the current cable company cannot provide you with a second modem to be used strictly for business? Or it is just that your employer requires a specific company or works with a list and they aren't on that one?

Having lived in apartments and condos, it is pretty common to have one cable provider for the whole complex. I do agree that unless you got that information in writing with a guarantee....or confirmed it with the preferred cable provider prior to the contract/sale...I'm not seeing much recourse.

 

[Poshdeb]

Is there some reason that the current cable company cannot provide you with a second modem to be used strictly for business? Or it is just that your employer requires a specific company or works with a list and they aren't on that one?

Having lived in apartments and condos, it is pretty common to have one cable provider for the whole complex. I do agree that unless you got that information in writing with a guarantee....or confirmed it with the preferred cable provider prior to the contract/sale...I'm not seeing much recourse.

Is there some reason that the current cable company cannot provide you with a second modem to be used strictly for business? Or it is just that your employer requires a specific company or works with a list and they aren't on that one?

Having lived in apartments and condos, it is pretty common to have one cable provider for the whole complex. I do agree that unless you got that information in writing with a guarantee....or confirmed it with the preferred cable provider prior to the contract/sale...I'm not seeing much recourse.

Thank you for your response. Yes my employer works with the larger internet providers such as Spectrum, Verizon as we have a large amount of employees who are teleworkers in and outside of the US. This cable company is not in their list. I recently relocated to North Carolina and had never heard of this Cable company until I moved here.

Any internet service or support needed is coordinated by my IT department. I do have an email from a representative of the builder confirming that I could use any cable provider. It was sent to my realtor prior to my closing. The rep acknowledged i queried prior to closing but said there was nothing that could be done .

 

[Poshdeb]

Anything that is truly important to you in the purchase of a home should be included in the purchase contract. Therefore, if being able to get cable by some other provider than the one they listed in their promotional materials was important you should have insisted that they guarantee to you that there was no restriction on what cable firms you could use. Did you get such a provision in your contract? If you didn't, I don't see much in the way of legal recourse for you here.

There was no disclosure of any exclusivity contract when I asked. When my realtor and I queried being able to use other internet providers they responded in writing that I could.

So in essence even with verbal AND written confirmation i did not think that this would require a clause in the contract.

The misleading and incorrect information impacts me. I only found out about the exclusive contract when Spectrum attempted to set up service and said they were denied access to do so. I am now asking them why this was never disclosed to me when I asked.

With this experience for any

 

[Poshdeb]

"I was told" is the most dangerous phrase in the English language.

I have it in writing.

 

[Poshdeb]

I'm not clear who you intend to fault over this or stay you hope to gain through legal action. BBB is a waste of time and this diddoes seem the sort if issue that is intended for them anyway. The AG is really jumping the gun as you don't have a clear legal issue yet. Best to get your information together first and figure out what the problem is.

I would start by asking the company refusing service to indicate what source they are referring to when telling you they can not provide service. Talk with neighbors to see if they can shed some light. You might also talk with the mortgage title company to see if they can dig up anything related.

I'm not clear who you intend to fault over this or stay you hope to gain through legal action. BBB is a waste of time and this diddoes seem the sort if issue that is intended for them anyway. The AG is really jumping the gun as you don't have a clear legal issue yet. Best to get your information together first and figure out what the problem is.

I would start by asking the company refusing service to indicate what source they are referring to when telling you they can not provide service. Talk with neighbors to see if they can shed some light. You might also talk with the mortgage title company to see if they can dig up anything related.

When Spectrum attempted to access the property to run lines to my townhouse they were denied right of entry. The builder and/or developer is not denying that or the exclusive contract.

My issue is that if the contract is binding why was there a need to mislead me when I asked?I

 

[army judge]

When Spectrum attempted to access the property to run lines to my townhouse they were denied right of entry. The builder and/or developer is not denying that or the exclusive contract.

My issue is that if the contract is binding why was there a need to mislead me when I asked?I

Forget about fighting any alleged exclusivity deals.

Those who benefit from this collusion will fight you to YOUR death to protect their captive audience.

You could seek other providers who use "dishes" rather than cable for your personal use, leaving the cable modem for your exclusive business use.

You could also investigate providers who still offer internet access via DSL as another option.

Seek the workaround avoiding any and all legal actions, which will simply delay your ultimate goal and accrue excessive expenses and loss of precious time.

 

[hrforme]

since you said NC, do you have access to Windstream's phone lines? if so, you can get internet/modem through them over your phone line and they are a pretty large provider.... and we have been pleased with their service for the last 8 years.

And the only lines they had to change were the ones from the outside line into the house.... No issue with the rest of the neighborhood, just needed to know where the phone line came into the house!

 

[Tax Counsel]

The misleading and incorrect information impacts me. I only found out about the exclusive contract when Spectrum attempted to set up service and said they were denied access to do so. I am now asking them why this was never disclosed to me when I asked.

With this experience for any

What is your goal out of this? If it is to get some other cable provider than the one that the HOA signed the exclusive contract with (and when you refer to the developer I am assuming that what you really mean is the HOA that the developer set up) then I think you'll be out of luck there. The developer/HOA isn't going to breach that contract in order to suit you.

The general rule in contract law, particularly in real estate sales, is that the final written contract the parties have is the full agreement between them, and any negotiation or communications before that which might reflect something different do not matter. That is because things can change a lot over the course of negotiating a deal, and it is thought that the parties would included everything that was important to the deal in the final contract so that the terms of the deal are clear. That is why not having it in the contract is a problem for you.

Now, you could try to claim fraud or misrepresentation pointing to that e-mail and see where that gets you, but that's hardly a sure thing. If you sued, you'd be looking at trying for money damages as the court is not likely to order the HOA to breach that other contract to get you the service you'd like to have. Even if you could win, that would cost you money to litigate and take perhaps a year or more do it. Certainly not a good solution to your need for service with a company that your employer will accept.

Given that, I'd first try army's judge's suggestion of exploring alternatives to cable that might work.

 

[adjusterjack]

I have it in writing.

From the builder, not the cable company.

Nuff said.

 

[Poshdeb]

Forget about fighting any alleged exclusivity deals.

Those who benefit from this collusion will fight you to YOUR death to protect their captive audience.

You could seek other providers who use "dishes" rather than cable for your personal use, leaving the cable modem for your exclusive business use.

You could also investigate providers who still offer internet access via DSL as another option.

Seek the workaround avoiding any and all legal actions, which will simply delay your ultimate goal and accrue excessive expenses and loss of precious time.

You are correct. When did corporations and businesses ever care about people? I get that the bottom line is to make a profit at any cost to benefit a few. The only options are satellite services which are very expensive and does not offer the speed i need for my business phone and computer.

At the very least writing complaints and reviews are free as I'm a consumer who checks review sites bbb, yelp, consumer complaints etc.

Thank you for you advice.

 

[Poshdeb]

since you said NC, do you have access to Windstream's phone lines? if so, you can get internet/modem through them over your phone line and they are a pretty large provider.... and we have been pleased with their service for the last 8 years.

And the only lines they had to change were the ones from the outside line into the house.... No issue with the rest of the neighborhood, just needed to know where the phone line came into the house!

Thank you for the suggestion.I will research them.

 

[Poshdeb]

What is your goal out of this? If it is to get some other cable provider than the one that the HOA signed the exclusive contract with (and when you refer to the developer I am assuming that what you really mean is the HOA that the developer set up) then I think you'll be out of luck there. The developer/HOA isn't going to breach that contract in order to suit you.

The general rule in contract law, particularly in real estate sales, is that the final written contract the parties have is the full agreement between them, and any negotiation or communications before that which might reflect something different do not matter. That is because things can change a lot over the course of negotiating a deal, and it is thought that the parties would included everything that was important to the deal in the final contract so that the terms of the deal are clear. That is why not having it in the contract is a problem for you.

Now, you could try to claim fraud or misrepresentation pointing to that e-mail and see where that gets you, but that's hardly a sure thing. If you sued, you'd be looking at trying for money damages as the court is not likely to order the HOA to breach that other contract to get you the service you'd like to have. Even if you could win, that would cost you money to litigate and take perhaps a year or more do it. Certainly not a good solution to your need for service with a company that your employer will accept.

Given that, I'd first try army's judge's suggestion of exploring alternatives to cable that might work.

 

[army judge]

The only options are satellite services which are very expensive and does not offer the speed i need for my business phone and computer.

There are several satellite providers that offer somewhat normal speed and reliability.

I own a large working cattle ranch in the "wilds" or "outback" of Texas.

I live in a city and also on my ranch.

We use Viasat Internet | Viasat for $100/month we get about 50mbps download speed with unlimited usage.

We have a small discount off that $100 on the second dish (one for our ranch house, one for ranch business).

There are a few others out there not just ViaSat.

Here is a good review:

Best Satellite Internet 2018 - Rural High-Speed Internet Providers


You could also investigate traditional landline providers who still offer internet access via DSL as an alternative.

A review of treaditional landline providers who offer DSL:

List of Landline Providers

I get how you feel, mate.

I have my pet peeves, too, taxation (I call it wealth confiscation, very few mention governmental thievery) is my biggest gripe.

Remember, we all must play the hand we're dealt, or step away from the table.

Good luck.

 

[Poshdeb]

Thank you for your response. I am seeking answers as to why they did not disclose the information when asked, as my realtor and I spent hours calling around. What is clearly mutually beneficial for them is a headache for me.

I am now learning that in the future for a major purchase like this to get EVERYTHING listed in the contract. This is my second home purchase but my first with this builder. Their actions and lack of responses belie what they supposedly stand for.

Having never encountered this before I don't even know if this contract in effect as long as I own this home.

 

[Poshdeb]

There are several satellite providers that offer somewhat normal speed and reliability.

I own a large working cattle ranch in the "wilds" or "outback" of Texas.

I live in a city and also on my ranch.

We use Viasat Internet | Viasat for $100/month we get about 50mbps download speed with unlimited usage.

We have a small discount off that $100 on the second dish (one for our ranch house, one for ranch business).

There are a few others out there not just ViaSat.

Here is a good review:

Best Satellite Internet 2018 - Rural High-Speed Internet Providers


You could also investigate traditional landline providers who still offer internet access via DSL as an alternative.

A review of treaditional landline providers who offer DSL:

List of Landline Providers

I get how you feel, mate.

I have my pet peeves, too, taxation (I call it wealth confiscation, very few mention governmental thievery) is my biggest gripe.

Remember, we all must play the hand we're dealt, or step away from the table.

Good luck.

 

[Poshdeb]

Thank you for you last quote