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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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I feel I made a business purchase under extreme duress & just

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I feel I made a business purchase under extreme duress & just want my money back. I am not sure if I have grounds to request it back, based upon "just extreme duress," not mention it sounds so foolish. I was very honest with the company representing itself to me of my personal circumstance; 1) being unemployed, 2) being in a very challenging situation with my fiance' at the time that could potentially create more problems if I took on the business opportunity, 3) I was considering it on high hopes it would "fix" my situation & was just plain scared all the way around. The business men, took turns convincing me how they would train me to be successful & how I would get my investment back. Knowing I had just explained I would use my only "safe guard" I had, which was the credit card that I was saving for only emergencies - which they were going to max out by this business venture.
End result - once I was "in"; there was training; the business website did not generate income & the weren't honest about charging more money to advertise for me to ensure I would get the marketing I needed to get the exposure & income. Their response, "oh, well, come back when you have the additional $3k+ funds to work with us!"
This was also after the owner gave me his talk of how "he too, was a Christian and believed in reaching out and helping those in need."
I was forced to change companies in attempted to get very low cost support in proper marketing, which fell through. I also was forced to attain expensive legal help, which I still have not been able to pay because the company name the original organization said they affirmed was not a problem with any other company... in fact was!
Needless to say, over a year later... no business, no income, deeper in debt... and only by the grace of God, am not literally homeless since my pastor was kind and merciful to take me in for the moment.
Seriously, is there anyone left with a conscious that runs bigger businesses? I am quickly losing faith. Do I have any chance of getting my money back, esp. since it was back in Sept. 2010?

Prayerful In Detroit,
Josephine
Submitted: 2 years ago.
Category: Business Law
Expert:  MShore Law replied 2 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Regrettably, you are not entitled to a refund unless and until the other party breaches the agreement entered into, or misrepresented the service to be provided (and such misrepresentation can be established from the actual terms of the agreement). Please let me know if you need additional guidance or have any follow up questions.
Customer: replied 2 years ago.
Even under duress, I do still feel as if there was misrepresentation. As I mentioned, the company representatives indicated a full package deal. In other words, they train, support the process in marketing, help market and made no mention this would only happen if - once I am in the program, I would be paying additional fee's for these additional services or supports. Their basic words, "it's all inclusive and we will support you all the way, as well as ensure your marketing and teach you to market as well." I was promised to start earning my money back, and ofcourse more. There rule was also, not to take a client, when in a relationship without the verbal support of their significant other to ensure no harm or duress in the relationship when undergoing such a challenging business venture. Also to ensure in home support. That was there words, supposedly their ethics and values to uphold. However, also breached to take advantage of my situation. They didn't ensure I had in home support. When I affirmed my fears and concerns, proper steps according to their own rules were ignored just to cash in on my credit - their money opportunity. So given that combination still say "misrepresentation" somehow? I'm just checking.
Expert:  MShore Law replied 2 years ago.
Duress is defined as the threat of physical or other harm for not engaging in a certain act. I am not certain it would apply in this situation.

Regarding misrepresentation, verbal representations would not be enough as they are too easily refuted or otherwise unable to be proven. Was there a written misrepresentation? If not, it would be difficult to successfully pursue this.
Customer: replied 2 years ago.
Well, I can see how I was screwed more ways than one. No, the original company didn't put all this in writing. It was verbal. At least, I didn't get a written or electronic copy. I guess thats what they call a "sucker buyer" and why they do go after someone under "duress"; so it just sucks being me right now. Thanks for the clarity, anyway.
Expert:  MShore Law replied 2 years ago.
Not a problem, I wish the answer was different. Please remember to click Accept.
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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