Sorry, but a horrible contract can still be a legal contract
One very dedicated consumer called me with what I consider to be legitimate concerns about the long-term lease that an owner was insisting a lessor sign in order to be able to purchase a home. The prospective homeowner actually owns the home but not the property on which it sits, much like a mobile home in a mobile home park.
He felt that the lease, which is a contract, was illegal because the terms all favored the landlord and afforded the party leasing the land very few rights. In addition, the landlord could approve or disapprove a buyer who sought to purchase a property.
It sounds pretty unfair to me but after checking with a couple of experienced attorneys, one of whom is also a retired real estate broker, the unanimous consensus is this:
It’s legal.
The lessons here are important.
1. Just because the terms of a contract are onerous doesn’t make the contract illegal;
2. Read all contracts carefully. If you don’t understand the terms and conditions, don’t sign until you have the contract reviewed by an attorney;
3. If you don’t like the terms and conditions of a contract – don’t sign it!
Some “contracts” — like agreeing to be someone’s slave — are illegal. To quote an internet legal advice website: “An illegal contract is a contract which violates some law in its operation or which is designed for a purpose which is considered illegal. A contract to assist with the operation of a laboratory that produces illegal drugs, for example, would ultimately be an illegal contract. Illegal contracts are unenforceable under the law, which means that the parties involved in illegal contracts cannot be held to those terms.”
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On another topic, merchandise you didn’t order, here’s the law, right off the Idaho Attorney General’s website:
Unordered Merchandise
Idaho consumers report receiving goods or services that they did not order. The most common experience of consumers is for the consumer to receive an item unordered and thereafter have the sender send an invoice for the goods sent to the consumer. This sort of sales practice, unlawful under Idaho law, has raised lots of questions for Idahoans.
Do I have to pay for this?
No. If you are sent merchandise you did not order you have the right to keep the shipment as a free gift.
Here’s what typically happens to a consumer: You order a product for $19.95. Two weeks later you get billed on your credit card for $99.95 for the second “order,” the order you did not place. When you call the sender, they insist you DID place a “standing order” and that you are obligated to pay for it at the $99.95 price.
Don’t waste your time arguing with these creeps and crooks. Call your credit card company and place all charges from that company “in contest.” Keep the product. Use it if you want or throw it out. You don’t owe the crooks anything. DO NOT return the product. This only sets you up for more charges to your card, like “restocking and handling” fees.
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Warning: Steer clear of a product called RoboTwist. I have talked to several customer service representatives and two supervisors of this company. It supposedly opens jars for those who find it difficult. The idea is great, but the product is faulty, and the company does not stand behind the product. There is a much better product call the EZ Off Jar Opener. It’s available on Amazon for about $19.95. It has almost 2,000 five-star ratings. I don’t usually recommend specific products but many people with arthritis or other disabilities will find this very useful.
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eBay: Let’s talk eBay. It’s great — when it works. Like many internet services, it is also a hideout for thieves, crooks and scammers. As long as your transaction goes smoothly, eBay is a dream. If your transaction turns sour, it’s a nightmare. I’m not saying don’t use eBay. Just understand, if you have a problem it’s VERY difficult to straighten things out. One consumer, in his attempt to get eBay to solve a problem, was actually blocked from eBay.
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Home Buyer Blues: Last week two consumers called me with the same problem: — a big problem. It seems they purchased homes from the same local builder. Both homes were purchased late in the year, long after a lawn could be started. The builder promised, both verbally and in writing, that the landscaping (the lawn) would be completed in the spring when a proper lawn could be completed.
What happened in fact, though, was that in the early spring, a hydro-seeding company appeared, unannounced, and sprayed grass seed all over the homeowners’ yards. The problem was that the “yards” consisted of uneven dirt filled with rocks and debris.
I am waiting for more information from the homeowners. If the facts bear out the consumers’ story, I will be referring this matter to the Idaho Attorney General’s office for investigation and possible legal action.
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Junk Mail: In response to my solution to junk mail senders, a faithful reader of this column explained how he saved all locally generated junk mail and delivered it once a month to the doorstep of the offending business. I like it!
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Bill’s Rant: Why doesn’t the government start a “no junk mail list” much like the no-call list? On the other hand it would probably work out about as well as the no-call list. We all know that that list was a ruse by politicians wanting to be popular. Hey, Washington — how about enforcing the no-call list?
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I have many more interesting cases that I’m working on as The CDA Press Consumer Guy. Call me at (208) 449-7222, email me at CDAPressConsumerGuy@gmail.com or fax me at (866) 362-9266. Also include your full name and a phone number. I am available to speak about consumerism to schools, and local and civic groups.
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Bill Brooks is the CDA Press Consumer Guy. He is an active Associate Real Estate Broker for Tomlinson-Sotheby’s International Realty in Coeur d’Alene.