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Welcome to a Discussion of Legal Issues Facing North Carolinians

This blog does not create an attorney client relationship. You should not rely on this information for advice. If you have a legal question you should contact an attorney.


Showing posts with label contract breach. Show all posts
Showing posts with label contract breach. Show all posts

Monday, February 22, 2016

Tips for dealing with television service rate increases


 


Did you just find out that Directv raised their rates between $4 and $8 per month? While this increase may be affordable, it is my no means acceptable. You may be asking yourself, “if I'm under contract for another year, how can they unilaterally raise rates (to presumably whatever they want)?” By way of background, the FTC sued Directv back in March for this exact issue, so the powers that be have taken notice.
http://dtv.xert.net/…/…/webview.cfm/7zBwXu8d26295281yfONRRdw
 
Nevertheless, Directv's terms and conditions explicitly state that the pricing is subject to change at anytime.
http://dtv.xert.net/…/…/webview.cfm/7zBwXu8d26295281yfONRRdw

So your choices are to either pay the termination fee ($10 or $20 for each month left on your contract) or pay the higher monthly rate.

Contract litigators typically argue that these terms constitute an unconscionable adhesion contract. Unfortunately, a few dollars a month does not warrant filing suit. So what can you do?

With a little patience and about 30-40 minutes of free time, you can call your provider and demand them to lower your rate. When you speak to the initial person, tell them you're disputing your bill and that you'd like to know what the cancellation fee is. He/she may try to sell you on some better services/deals, but be patient and cordial and ask to talk with an account specialist. When you reach the account specialist, find out how many months you have left on your contract. Do some quick crunching of the numbers and you'll discover that it's probably in your best interest to pay the cancellation fee and purchase a new package offered at the crazy low introductory rates (a spouse or roommate could purchase from the same provider or you could choose a new provider). Make the account specialist aware of your economic sense and advise them that either they need to lower your monthly bill or you'd prefer to pay the cancellation fee and purchase a new package at the lower advertised rates.

Once again, you may be pressed to purchase additional channels at reduced prices or to downgrade your service for a minimal monthly reduction. Stay patient but stand firm that you like your current package and that you need a monthly fee reduction. Hopefully, that will do the trick.

Obviously, results are not guaranteed, but if you are not keen on billion dollar companies taking advantage of you, then it's worth a shot.

This blog does not create an attorney-client relationship. You should not rely upon this blog for legal advice, but instead should consult an attorney experienced in your area of concern.

Wednesday, July 10, 2013

DeVore, Acton & Stafford, P.A. Moving Law Office to Queens Road


On July 21, 2013, the law firm of DeVore, Acton & Stafford, P.A., a prominent firm in the Charlotte area for over twenty years, is proudly relocating its law offices to 438 Queens Road, Charlotte, NC 28207, the former location of the Mecklenburg County Bar.  The firm will occupy the entire 100-year old historic house and recently constructed annex.

True to its history and mission, the firm will continue to specialize in civil litigation, including but not limited to: catastrophic injury, wrongful death, contract and property disputes, construction litigation, as well as medical malpractice and workers compensation. 

The rest of the firm's contact information will remain the same.

 

www.devact.com

Monday, March 11, 2013

Property Disputes & Title Insurance

 Imagine finding the house of your dreams or the perfect location to start your new business.  Imagine how excited you are to learn that you have the financing necessary to close on the property.  Then imagine that the financing falls through because you can't get title insurance on the property.  Whereas the cost for title insurance is minimal compared to the high costs of real estate, it is an expense that can mean the difference between buying that dream location versus having to find an alternate venue.

The reason this can happen is because the deed history on property can become very complex and confusing.  Over time, with properties exchanging hands multiple times, the situation worsens.  The purpose of title insurance is to ensure that you, as the purchaser, are insured against other claims to property.  Title insurance companies must be satisfied that your claim to the property is proper, or they will not grant you title insurance.

To make you understand their rationale, imagine a driver with a long history of serious traffic accidents.  At some point he/she becomes uninsurable and auto insurers will no longer take the risk of insuring his driving.  Title insurers think similarly, but on a grander scale (The majority of traffic accidents are much less costly than real estate). Title insurers do not want to be in a positions where there is the likelihood of having to defend a lawsuit on your behalf.

Sometimes the issues preventing coverage can be solved with a simple phone call.  Sometimes a property litigation attorney is necessary to file an action to quiet title, which is a lawsuit asking the Court to declare who is the rightful owner of property.


This blog does not create an attorney-client relationship. You should not rely upon this blog for legal advice, but instead should consult an attorney experienced in your area of concern.

Property Disputes & Title Insurance

 Imagine finding the house of your dreams or the perfect location to start your new business.  Imagine how excited you are to learn that you have the financing necessary to close on the property.  Then imagine that the financing falls through because you can't get title insurance on the property.  Whereas the cost for title insurance is minimal compared to the high costs of real estate, it is an expense that can mean the difference between buying that dream location versus having to find an alternate veue.

The reason this can happen is because the deed history on property can become very complex and confusing.  Over time, with properties exchanging hands multiple times, the situation worsens.  The purpose of title insurance is to ensure that you, as the purchaser, are insured against other claims to property.  Title insurance companies must be satisfied that your claim to the property is proper, or they will not grant you title insurance. 

To make you understand their rationale, imagine a driver with a long history of serious traffic accidents.  At some point he/she becomes uninsurable and auto insurers will no longer take the risk of insuring his driving.  Title insurers think similarly, but on a grander scale (The majority of traffic accidents are much less costly than real estate). Title insurers do not want to be in a positions where there is the likelihood of having to defend a lawsuit on your behalf.

Sometimes the issues preventing coverage can be solved with a simple phone call.  Sometimes a property litigation attorney is necessary to file an action to quiet title, which is a lawsuit asking the Court to declare who is the rightful owner of property. 


This blog does not create an attorney-client relationship. You should not rely upon this blog for legal advice, but instead should consult an attorney experienced in your area of concern.