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Indemnification Clause Issues — contract has unconscionable terms

Started by anon_driver_CA · May 8, 2024 · 2,047 views · 17 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
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anon_driver_CA OP

I'm in a difficult situation and trying to figure out my next steps.

contract has unconscionable terms. I've been dealing with this for about 7 weeks now and the situation isn't improving.

The contract was signed 20 months ago. I have a copy of the original agreement. The total amount in dispute is approximately $123,000.

Should I hire a lawyer for this or try to handle it myself?

NC
newbie_creator_IL

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

CM
ContractorMike_CA

Been there. Here's what I learned.

In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.

AF
asking_for_friend_seller_2026

NAL, but from what I've read, you should check your state's specific laws. That said, definitely get a lawyer to look at the specifics.

TL
Mod_TermsLaw Moderator

Licensed attorney — a few thoughts. Here's my take on the legal issues.

This is a common situation and the law is fairly clear. Under the implied covenant of good faith, commercially reasonable.

You should consult with a local attorney who handles these cases. Many offer free initial consultations.

RL
RetiredLawyer_FL

Been there. Here's what I learned.

What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.

CB
confused_business_owner_help

NAL, but from what I've read, you should document everything. That said, definitely get a lawyer to look at the specifics.

FH
frustrated_homeowner_legal

Have you tried reaching out to your state's legal aid society? They sometimes have free resources or mediation services.

AT
anon_tenant_advice

NAL, but from what I've read, you should send a written demand. That said, definitely get a lawyer to look at the specifics.

CD
confused_driver_2022

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

VA
VCAnalyst_SF

Not a lawyer, but I have direct experience with this.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

PB
PatentAgent_Boston

I went through almost the exact same thing.

What worked for me was hiring an attorney to send the initial letter. It took 2-4 months but was worth it.

CT
confused_trader_legal

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

JC
just_curious_business_owner_today

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

SB
SmallBizOwner_NYC

I went through almost the exact same thing.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

CT
CryptoTrader_2023

Been there. Here's what I learned.

What worked for me was escalating to a supervisor/manager. It took 1-3 months but was worth it.

SA
seeking_advice_buyer_advice

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

ES
eComm_Seller_2022

I've seen this play out several times in my field.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

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