Can I sue for misrepresentation in a contract?
It seems that others got many more matches for the same money. When I questioned the owner after my contract expired, she said, 'It was the contract I signed.'
Of the introductions I had, the profiles were exaggerated or inaccurate.
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It sounds like you're dealing with a situation where what was promised verbally may not align with the written contract, and the service you received didn't live up to expectations, especially regarding the accuracy of profiles. While the contract specifies "up to three" introductions, your concern about misrepresentation stems from their claims of precision and success rates, and the quality of the matches provided in terms of profile accuracy. This distinction between the number of introductions and the quality of the service is important.
Generally, for a claim of fraudulent misrepresentation, you'd need to show that they made a false statement of a material fact, that they knew or should've known it was false, that they intended for you to rely on it, that you did rely on it, and that you were harmed as a result. Their statements about an "89 percent success rate" and their "precision" could be considered material facts if they were made to induce you to sign the contract and you relied on them. The inaccurate profiles for your introductions also directly relate to the quality of the service they promised.
Considering the contract was signed in CT and the business is in IL, there might be a question of which state's law applies, but usually, a contract will specify a "choice of law" provision. If it doesn't, a court would apply rules to determine which state's law governs the dispute. Regardless of which state's law applies, the general principles of contract law and fraudulent misrepresentation are similar.
A good strategy here would be to gather all your communications with the company, including any marketing materials or verbal assurances you recall about their success rate and precision, along with the signed contract and details of the introductions you received. You'd want to meticulously document the inaccuracies in the profiles provided.
You could consider sending a formal demand letter outlining your claims of misrepresentation and breach of contract, requesting a specific resolution such as a refund or additional services that meet the promised quality. This could put pressure on them to settle the matter without further action. Litigation would be a last resort if other avenues don't resolve the dispute.
I want to make sure that my response makes sense to you, and that I've fully answered your question. Do you have any follow-up questions? You're welcome to write back if you need clarification.
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I signed a matchmaking contract for $50,000 for ‘up to three’ introductions. I questioned this very low number, and they said it was because they were so precise in their methods and would only take clients they felt would be successful.
It seems that others got many more matches for the same money. When I questioned the owner after my contract expired, she said, 'It was the contract I signed.'
Of the introductions I had, the profiles were exaggerated or inaccurate.
Have you already tried to address this issue directly with the other party involved in the contract?
Yes. They presented another introduction, which I did not accept. The man was in his late 60s and had been married twice for a total of 3 years.
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with misrepresentation in contracts.
No
Hello! My name is TJ and I’m an attorney. Thanks so much for the opportunity to assist you! I’ve gone over the details you shared and I’ll post my initial response shortly. I’ll also post a few quick questions. They’ll help me better understand your situation so I can give you a more complete and tailored answer.
VERY IMPORTANT INFORMATION:
(1) If you don’t hear back from me right away at any time throughout our conversation, please don’t worry — I WILL GET BACK TO YOU! I might be working on your response, helping another customer, or dealing with a tech issue. Depending on what’s happening, it may be several minutes (or more) between messages. That’s normal — you didn’t lose me and our conversation is not over! I’ll always respond UNLESS you ask for a second opinion (since that closes our chat). I really appreciate your patience!
(2) This is general legal info only. I can’t represent you or form an attorney-client relationship.
Hi again!
You might have a claim for fraudulent misrepresentation or breach of contract. The key here would be proving they made false statements about their precision and success rate to induce you into signing the contract, especially if others got more matches for the same price. Additionally, if the profiles were significantly inaccurate as you've described, that could also support a breach of contract claim, as they weren't providing what they promised. It sounds like you've got a frustrating situation on your hands.
But let's discuss this in more detail.
QUESTIONS FOR YOU:
Did you receive a written contract, and if so, what were the specific terms regarding the number of introductions and the quality of those introductions?
Can you provide the state where this situation is occurring?
Up to 3 matches is stated on the contract.
The business is in IL and I signed in CT.
The quality of the men was high (well employed) and supposedly commitment-minded. They claim an 89 percent success rate, with half meeting their match on the first introduction. B4 signing, I asked about the 11 percent who are not successful. They said those people have typically misrepresented themselves. I did not. I knew there were no guarantees, but I did not feel like I was being cared for.
It sounds like you're dealing with a situation where what was promised verbally may not align with the written contract, and the service you received didn't live up to expectations, especially regarding the accuracy of profiles. While the contract specifies "up to three" introductions, your concern about misrepresentation stems from their claims of precision and success rates, and the quality of the matches provided in terms of profile accuracy. This distinction between the number of introductions and the quality of the service is important.
Generally, for a claim of fraudulent misrepresentation, you'd need to show that they made a false statement of a material fact, that they knew or should've known it was false, that they intended for you to rely on it, that you did rely on it, and that you were harmed as a result. Their statements about an "89 percent success rate" and their "precision" could be considered material facts if they were made to induce you to sign the contract and you relied on them. The inaccurate profiles for your introductions also directly relate to the quality of the service they promised.
Considering the contract was signed in CT and the business is in IL, there might be a question of which state's law applies, but usually, a contract will specify a "choice of law" provision. If it doesn't, a court would apply rules to determine which state's law governs the dispute. Regardless of which state's law applies, the general principles of contract law and fraudulent misrepresentation are similar.
A good strategy here would be to gather all your communications with the company, including any marketing materials or verbal assurances you recall about their success rate and precision, along with the signed contract and details of the introductions you received. You'd want to meticulously document the inaccuracies in the profiles provided.
You could consider sending a formal demand letter outlining your claims of misrepresentation and breach of contract, requesting a specific resolution such as a refund or additional services that meet the promised quality. This could put pressure on them to settle the matter without further action. Litigation would be a last resort if other avenues don't resolve the dispute.
I want to make sure that my response makes sense to you, and that I've fully answered your question. Do you have any follow-up questions? You're welcome to write back if you need clarification.
