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Brent Blanchard, Esq
Brent Blanchard, Esq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1975
Experience:  Thirteen years' experience in consumer transactions and litigation
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I was working with Brian Jackula and his associate at Elite

Customer Question

i was working with Brian Jackula and his associate at Elite Finance. I was told that they had arrange financing for my company. The offer would expire 12-8-2015. Had to send them 1st, month and processing fee. Once I did, Brian went on vacation and his associate contacted me and ask for all new documentation. Long story story short, No deal. Only reimbursed part of 1,790.00. I refused to cash the check. I came to realization, never was a deal and was extorted money. In the early spring of 2015, I was dealing with Brian, but rejected his prior offers and then he returned and submitted a offer by e mail. Justin Pisano
JA: OK. The Consumer Protection Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Consumer Protection Lawyer can help you best. Is there anything else important you think the Consumer Protection Lawyer should know?
Customer: just have some e mails that there was a deal
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Brent Blanchard, Esq replied 7 months ago.
Thank you for your question. Sorry to hear about the possible scam. NOTE: This is not legal advice but is general information for educational purposes only (or possibly amusement if yours is a truly hypothetical question). Experts here cannot recommend any specific course of action, and no attorney-client relationship or privilege is formed by posting on this PUBLIC forum. By continuing, you confirm that you understand and agree to these terms. In both business and consumer transactions, the first place to look is almost always the paperwork that everyone signed. The law and judges presume that anyone was able to read and understand any paperwork they put their name to, so both sides to any contract are usually stuck with that contract. Almost every escape route from a clear and written contract involves some provable lie told regarding some material fact relevant to the deal (saying "Trust me, by brother is Senator ___________." is almost never relevant enough to be counted as that type of lie.).The fundamentals of contract law for *forming* or *creating* an enforceable contract could be expressed like addition as Offer + timely Acceptance = Contract.All the details and exceptions take up maybe a month of law school classes. The offer must be specific enough for the offeree to have a fair idea of what it's about. The acceptance must be sent before the offer either expires of its own terms (LIMITED TIME OFFER!!!! ENDS AT MIDNIGHT!) OR is withdrawn or revoked. Acceptance is good on mailing if sent by post, withdrawal is good on *receipt* by the offering party. Any attempted acceptance of an offer with any material term changed automatically terminates the original offer, and is a counter-offer which is then subject to the acceptance rules just like any other offer.So, I would be looking at what the money sent was FOR. Application fees, paperwork fees, service charges for pulling a credit report, etc., can be legitimately deducted from the dollars originally sent. Deposits almost always must be returned.So look to the paperwork. Offer and acceptance is proven these days with e-mails all the time. The details of what was and was not said are critical. I recommend that you gather up all those documents and consult with a legal aid attorney or take advantage of one of those free half-hour consultations. Don't dilly-dally around telling the whole story--get to the point and point to the documents themselves.I hope this helps you understand these portions of contracts law. Please rate this answer as one of the three top faces or stars, and then click "SUBMIT". This is how Experts here get credit for our time and work. A rating in the bottom two faces/stars (or failing to submit the rating) is a sort of "ding" on my performance here, even for giving a correct answer. I strive to give an honest and informative answer for you, so I would appreciate recognition of my good faith efforts with a positive rating.
Customer: replied 7 months ago.
General. Tells me nothing. I explained that there was a two fold payment. 800.00 toward first month and balance toward underwriting. To me this is an admission that a deal is ready and available. Then his co worker re started the process after taking my money. This now told me there was no deal.
Expert:  Brent Blanchard, Esq replied 7 months ago.
Sorry, I cannot tell you what to look for in the e-mail exchanges to highlight as matching up with these well-settled rules of contracts law. Your statement about explaining "that there was a two fold payment. 800.00 toward first month and balance toward underwriting." is new to me. Perhaps you are relating what you tried to explain to the so-called prospective financier in attempting to secure a refund?"Underwriting", if disclosed as part of what is being paid for, implies a money-out-of-pocket expense for the potential lender. Most deals put that into the realm of costs of the transaction, not refundable.But I cannot tell that. You can, you can see the documents and the communications. My hope is that by answering your question(s) with some basic education/reminders on contracts law, then you could look at the additional information (which you have and I do not) and draw your own conclusions.If you documents and communications indicate that the "deal" would go through regardless of the results of "underwriting", then there can be an argument that payment for that is refundable if the lender backs out of the deal. But in contracts law, things that are not written can only be inferred under "usual and customary" trade practices in that industry (and sometimes that local market), OR by the "conduct of the parties." When it's the first deal between two sides, there is no prior "conduct" to guide any inferences of any agreed on but unwritten contract terms.You posted here asking questions about the law. Answers to them are all we can provide. We cannot manufacture good news out of thin air, or in contradiction of what the law says about your subject. Sometimes I wish it were like Thunderdome and bad actors could face the penalty of "bust a deal, face the wheel." But even in that dystopian society, there must first BE a deal. You need a local attorney to review the documents and e-mails to sort that out.This is general information only and does not create an attorney-client relationship.The service is answers, not good news. If you are uncomfortable with that, please review the Terms of Service here. And please do not forget to leave a positive rating so I can receive credit for my work.
Customer: replied 7 months ago.
Already responded. Answer was general, needed a definite response. Already canceled my subscription. Stop sending e mails and text messages.
Expert:  Brent Blanchard, Esq replied 7 months ago.
Okay, I'm out.Just please understand that Experts here have no control over how and when JustAnswer sends out e-mails.I really wish I could tell from your posts exactly what you wanted a definite response about. Did you have a deal or not? I know your conclusions, but I cannot tell from what you posted. If you already knew about everything I posted, then fine, there was no value given. But if you already knew it all, I then don't understand why you posted your question in the first place.Have a nice day.

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