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  1. #1
    Join Date
    Jul 2010

    Default Dispute with Advisor About Advised Contract

    We are a small family firm who are seeking some quick/initial advice.

    Last month we bought some goods from a manufacturer. Because we dealt with this manufacturer for the first time and it is a large one, we got some outside advice.

    Because the advisor (in our opinion) did not really give us correct advice, we refused some of the payment. (We had a seperate contract with him for payment of his fees)
    Now he is threatening us with a law suit
    Due to him we breached an obligation with the manufacturer! Can we not just say that due to him, we breached an obligation under the contract with the manufacturer and therefore we won t pay him money under our contract with him?
    Also, in our contract with the manufacturer it says "to prove a violation by buyer, the seller must prove compliance with obligations under contract"? Can we therefore may be avoid liability if the manufacturer also did not fully comply?

    Thanks in advance for ANY help. We REALLY NEED IT

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Dispute with Advisor About Advised Contract

    If he sues you, you have the right to countersue for any damage he caused to you by virtue of his negligence. Depending upon the laws of your undisclosed state and the type of adviser at issue, it may be a simple breach of contract case or may fall under the laws of professional negligence.

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