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Indemnification Clause Issues — contract has unconscionable terms

Started by newbie_employee_legal · Sep 22, 2023 · 1,818 views · 5 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
NE
newbie_employee_legal OP

I've been trying to resolve this on my own but I'm stuck.

contract has unconscionable terms. I've been dealing with this for about 5 weeks now and the situation isn't improving.

The contract was signed 23 months ago. I have a copy of the original agreement. The total amount in dispute is approximately $133,000.

Am I overthinking this or is this a real legal issue worth pursuing?

HM
help_me_buyer_NY

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

AF
asking_for_friend_buyer_FL

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

NH
need_help_creator_OH

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.

SM
SeniorDevMike_PDX

I went through almost the exact same thing.

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

TL
Mod_TermsLaw Moderator

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

The legal framework here involves both federal and state law. At the federal level, the implied covenant of good faith. Your state may provide additional protections.

Before taking legal action, consider sending a formal demand letter. In many cases, this alone resolves the issue.

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