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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111481
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Im in NJ. So there was a fire that started 2 weeks ago from

Customer Question

Im in NJ. So there was a fire that started 2 weeks
ago from my neighbor’s house that impacted my house and 2 other homes. I
probably should have remained calm and did some research but i was a
nervous wreck. I ended up hiring a friend recommended PA the following
day at 7.5% of the claim. To be paid after i got paid. My policy limit
is close to 300k. The PA and the insurance adjuster met and the PA
advised that the insurance adjuster was "OK" with the PA's maximum
claim of the policy which is 300k and that the next step is to submit
the paper work to his supervisor...... I will be meeting with my PA and
wanted him to advise me on what numbers were adjusted. In other words, i
am trying to get the value added by hiring the PA. I'm thinking that
the best approach should have been for me to meet with the insurance
adjuster first, get his numbers and if i felt short changed, then hired an
public adjuster. I probably hired a PA prematurely from all the pressure of sudden loss.
Any way i can get out of this contract if no value was added? The contract states that a
cancellation does not terminate their right to receive payment for work
that has been performed. Of course i would have to pay him for his time,
but the contract also states that he gets paid when i get paid. The
process is still in its early stages and i do not foresee the claim
going through in a week or two. If no value was added then I’d be short
22k and deductible. My head hurts thinking about this, if this were the
case. Kindly advise on what you think i should do.
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, the courts hold that once people sign contracts they are bound by those contracts. Even if no value was added, if you signed this contract the court is forced to honor it as written. Once you signed saying that he has a right for payment for his work when you get paid, he is entitled to payment as agreed, even if you now believe you hired him prematurely and do not want to be out of the money due him, but you are bound by that written contract.
The only way out of the contract is if the PA did not perform the job they agreed to perform under the contract and then you could seek to terminate the contract based on breach of contract. But if the PA did his job and met the adjuster and negotiated with him and got the adjuster to agree to an amount, even though the adjuster may have agreed to that amount without the PA, then the PA has done what they agreed to do in the contract and would still be due their pay pursuant to the contract.

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