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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 8101
Experience:  Just Answer consultant at Self employed
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Paid $10000 plus for tax & accounting software. Also pay

Customer Question

Paid $10000 plus for tax & accounting software. Also pay monthly for support $95. They never answer their phone. We have questions pertaining to year-end procedures and reports and cannot get thru to anyone at the support line. Just music on hold for hours. Can we do anything?
JA: What state are you in? It matters because laws vary by location.
Customer: Michigan
JA: Has anything been filed or reported?
Customer: We have complained verbally to the sales rep. That is all.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Legal
Expert:  legalgems replied 1 month ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 1 month ago.

I am sorry to hear this;

This type of issue can be either a breach of contract or a misrepresentation case.

Under a breach of contract, the seller offers an item/service and the buyer accepts; the consideration (money) is exchanged and then there is a binding contract. The seller is expected to provide the service in a reasonable manner. If the service is for support, yet the phone lines are always busy so that a "reasonable person" (this is the standard the court uses, and so it depends on what the judge decides a reasonable person would do in that situation). The more documentation one has as to how many phone calls were attempted, the length of wait, whether they ever got through, will help prove whether the wait is reasonable.

Similarly misrepresentation would indicate that the seller indicated a certain service, with a certain qualification/skill would be provided. So for example, if it was relayed that the service would be "fast" or "efficient" then that would be considered misrepresentation.

In both cases, the main thing is to prove that the wait was unreasonable, and that any misrepresentations were misleading. This can be done by affidavit of employees, or by telephone records.

If an employee keeps track of their time, that can also be submitted as evidence.

The damages for breach of contract are basically, for material breach, to void the contract. This means restoring the parties to the position they were in prior to the contract- i.e. the software is returned; any monies paid are refunded.

MI has a jurisdictional amount maximum of $5500 for small claims so it would need to be brought in general civil; one can first send a demand letter requesting a refund, sent certified, return receipt requested; because the judge prefers it if the parties attempt to resolve it out of court before suing for damages. Sample letter here

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 1 month ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!