How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88702
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I recently transferred Orthodontics offices. When I initially

Resolved Question:

I recently transferred Orthodontics offices. When I initially signed on, I had two options...Pay for services as rendered (He was six at that time and only needed a lower holding arch which I was told would cost about $700) or pay monthly to "lock in the price" for complete comprehensive treatment (approx $7800 with $167 monthly payments). In the effort to save some money in the long run I signed the contract for comprehensive services which were to take my son from start to finish (estimated several years) with this provider and was to include all office visits, records, x-rays, etc. I payed into the contract for about a year and a half. During this time my son was seen maybe three times in that office. (They were waiting on some teeth to come in). They did install the lower holding arch (initially quoted in the $700's all inclusive).
Upon transfer I was charged $780 for the appliance and refunded all monies paid in, except for a $450 records fee and a $45 records transfer fee (which is mentioned in the contract as a fee if I or the new office requests the records). Neither I nor my son's current orthodontist has ever requested records from this office. We do not want or need them. I did question these two charges and I was told by the office manager that since my son didn't complete the FULL treatment with them, they are charging that $450 and because I transferred offices (w/o their records) they are keeping the records transfer money. I asked for that money back because nowhere in the contract does it state, that if I transfer I will be charged an extra $450 for records. They did keep the $780 which should have been all inclusive if I would have paid for it individually. Is this legal, and do I have a shot a collecting this money back? I live in AZ. Thanks
(I do have a copy of the brief contract and emails).
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I understand the $450 records fee is not mentioned in the contract. What does the contract state about termination of the contract or early termination?
Customer: replied 1 year ago.

How can I attach a PDF?


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. I apologize in advance that attaching a pdf is not simple. To do so, type in your reply, "Contract" and then highlight the word. When you highlight the word the link tool next to the smiley face on your tool bar in your reply block will activate. Then click on that button and a box will appear and next to the first line of the block click on the little block which will pop up another block where you can attach the file.
Customer: replied 1 year ago.

I did as requested, please let me know if you have received the two docs.

Expert:  Law Educator, Esq. replied 1 year ago.
No, I am sorry, I do not see them above. As I said attaching pdf files can be tricky and I so do apologize because every customer seems to have an issue with it and we have requested a simpler means of doing so that just has not yet been worked out by our tech people.

It may be easier if you just tell me specifically what the early termination clause states.
Customer: replied 1 year ago.

There is no termination clause.


There is only one clause that states:


Should a transfer to another orthodontist become necessary, Robison Orthodontics will aid in selecting the new orthodontist (did not happen). All records and other info pertinent to the case will be forwarded to the new orhtho upon receiving his/her written request for such info. The fee for duplication and transferring records is $45. (Records were and will never be requested by me or the new ortho) This fee and the remaining financial obligation which is determined by patient treatment status/progress will be deemed due and payable at the termination request. New financial arrangements with another ortho are entirely the patients' responsibility.


 


They reimbursed me as follows. Everything paid into the plan minus $780 for appliance, $450 records, $45 records transfer. I do not contest the $780, but that price was initially quoted as all inclusive, if I would have chosen to not start paying ahead in the comprehensive plan.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. That was just what I needed.

It seems that no mention of any type of "records fee" is discussed here and as such legally they cannot take such a fee from you. When there is a written contract, both parties are bound by the terms of the contract as written unless the contract is deemed to be materially ambiguous and in that case any ambiguity is held to be against the party who wrote the contract. Here it is not ambiguous, the record fee is not mentioned other than the $45 to transfer records. Thus, the office has no legal right under the contract to charge you the $450 or the $45 as no records were transferred. You can send them a demand letter first telling them they are in breach of contract and if they refuse to return the money or remove the charge from you, then you will sue them for breach.

For this amount of money, you could sue in small claims court if you need to sue and you do not need an attorney for that.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88702
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 18 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.