On 8/25/2014 10:32 AM, trader_4 wrote:
On Monday, August 25, 2014 9:58:02 AM UTC-4, Moe DeLoughan wrote:


The Company is called Exceed. This is their "smart homeowners program".

http://www.prnewswire.com/news-relea...226123371.html



From a homeowner's perspective, I don't like this. You're committing

yourself to a legal obligation in exchange for fairly small amounts of

money doled out at the company's discretion. If you never get the

cash, you're still saddled with the legal burden, unless you take them

to court to break it.



Nonsense. If they don't give you the gift cards, you can do anything you please, you have no obligation to them.

If you signed up, they can still haul you into court for failing to
honor the contract even though they failed to honor it as well. That's
the point: that you are creating a potential legal headache for
yourself if these guys decide to pursue their legal claim against you.
Five years on, and it's your word against theirs that they failed to
uphold their end of it. In the meantime, they've got your signature on
the agreement.


They aren't going to sue you to
enforce a contract they breeched, when
they have no case and it's $300.

It's not $300 for them. It's 7% of the sale price of your home. *That*
is what they're angling for, and that's what they're offering cheapass
gift cards for in hopes of securing. For a $200K home, they're looking
at a potential sales commission of $14K. You think they'd walk away
from that? I don't.

It's like saying some guy shows up to buy your car, you make a
contract, he agrees to pay you by Sat, he leaves and
never pays. Clearly you're not obligated to give him the car and can sell
it to someone else.


And clearly, if you had an agreement, he can file suit and haul your
ass into court. Then, and only then, can it be legally determined
whether the contract is still valid.

That's the point: by agreeing to this, you open yourself up to the
risk of a future lawsuit, and the accompanying expense and
aggravation, even if you prevail in the end. Is that risk worth a few
hundred bucks in gift cards? Not for me, it isn't.