Orange City, FL asked in Contracts for Florida

Q: If a company does not have a stated fee for severing a contract that I signed, are they allowed to charge me a fee?

It was never discussed that there was a fee for 'breaching contract'. But then I was told that it would be a $3,500 charge

I recently spoke to them again about this and now they have changed the fee to $5,000. Unfortunately, this conversation occurred over the phone and they are now stating that it was never that amount. But it also does not say anything about a fee in the contract to begin with.

Related Topics:
2 Lawyer Answers
Linda Liang
Linda Liang
PREMIUM
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: If there is no provision in the contract about this fee, you are not obligated to pay.

1 user found this answer helpful

Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Not sure what you mean by "severing". If you mean that, after entering into a binding contract that obligated you, and with no opt-out period or other agreed upon termination rights, you said, "The heck with that, I am un-obligating myself", that could be a breach of contract, for which the other party could be legally entitled to money damages. If that's what's going on here, they may simply be determining what they think is a fair amount to compensate them for the breach - that is, how much they think a court would award them. The contract does not need to state a particular amount of compensation for that scenario. If, by "severing", you mean something else, you might try re-posting your inquiry with a clearer picture of your situation - but regardless of what you mean, it would be best to have an attorney review the contract and the circumstances in order for you to get reliable advice.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.