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I signed contract with a German music manager, after some…

I signed contract with...
I signed contract with a German music manager, after some advice of fellow musician concerning this manager I found out that she is dishonest, pretending she works for musicians that she does not, and advertising concerts that was not a result of her work. Since I found out that (with some fellow musicians saying she never found them job), I tryed to call her with no response, tryed to meet her in person but she said she didn't have time, , I stoped paying the monthly fee. Now she is threatening me if I do not pay her. But the fact is that she lies, she is not working properly, and her musical agency showed up to be something that is not. A case of bad will? Could I have some adivise on this matter online? I leave in Belgium and on ou contract (signed through internet) it mentions that in a legal dispute this would be made to n Germany. Thank you very much
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Answered in 7 hours by:
8/18/2017
EULawyer
EULawyer, Lawyer
Category: European Law
Satisfied Customers: 270
Experience: Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
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Dear Customer,

Thank you for your question. I am very sad to hear about your situation, which is very unfortunate.

Regarding the contract, there are two sides to it:

1. On the one hand, as long as it is signed, and not formally denounced, it is valid, so the manager has the right to pursue you for the unpaid fee. This includes going through the courts, and obtaining an enforceable order against you in Belgium, garnishing wages etc. So simply not paying the fee is not an option, as you would be the one legally in the wrong. Furthermore, even if you denounce the contract according to a specific clause in it (if there is any), this works only for the future. You would still owe the money for the past. Which brings us to the second point.

2. On the other hand, experience has shown, and it can be argued in the courts, that the client and activity portfolio of a music manager is an essential part of the reasons why someone would chose to work with them. Also, misrepresentation with the effect of financial profit is in itself a culpable activity in civil law. Therefore, you would have a strong position in obtaining a discharge / declaration of nullity of the contract, which as opposed to the options at point 1, works for the past as well, and therefore discharges you from the debt towards her (and maybe even grants you money as for the lost opportunity in promotion through someone else). Of course, this can depend on the terms of the contract (maybe she did in fact make some disclosure at the time of signature), but as principle you should have good grounds.

Because you are not considered a consumer from the point of view of civil procedure law, you would indeed, and unfortunately, have to sue in Germany for the discharge / declaration of nullity, as this can be made only through the courts.

To sue in Germany, you would need a local German attorney specialized in either commercial law, or contract law, or intellectual property rights. All these would cover your issue. Lists of English-speaking German attorneys can be found here (https://de.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/legal-assistance/), organized by location. You would pick one closer to her declared Headquarters / domicile as possible.

In any case, given the situation and the fact that she is already pursuing you for an existing contract, inactivity, or trying to solve things from abroad are not valid options at this point; on the contrary, you may wish to act as soon as possible to prevent parallel cases where she would try to enforce financial decisions against you.

I hope my answer was useful, and look forward to your rating, which is essential to my activity.

Cordially,

Dr I L Vlad

EULawyer
EULawyer, Lawyer
Category: European Law
Satisfied Customers: 270
Experience: Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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