Using your "CHOICE" point, the person should use their due diligence and quit their job vs being forced to break their Dish contract
Early Termination Fee - No Line of Sight after Moving
- Thread starter marty45714
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Not really. Say you signed for 12 months. You get a new job assignment after two months. You pay the difference of what those two months would have been without the promo, to what you have paid using the promo. So you pay for the time you used the service, at the non promo price.
The problem is, Dish now has the dish, nodes, wiring etc... at the house with no guarantee of getting anything back on that investment not to mention the cost of the installation. Retrieving that is not normally going to be feasible. I don't know if my solution would at least come close to covering that. I know some people think all that is magically, somehow, free for dish to provide and you should not be held to your contract but that's not what I am saying. I am however saying I think Dish is going about getting back what they were promised in a contract the wrong way. Insisting on the customer paying for months Dish can not provide a service is not as good as charging more for the months the customer did use the service. I would take the stance you got the promo rate based on X amount of months staying with us. So the Months you did use will now be billed at the regular rate. Then you can both agree to end the contract.
The problem is, Dish now has the dish, nodes, wiring etc... at the house with no guarantee of getting anything back on that investment not to mention the cost of the installation. Retrieving that is not normally going to be feasible. I don't know if my solution would at least come close to covering that. I know some people think all that is magically, somehow, free for dish to provide and you should not be held to your contract but that's not what I am saying. I am however saying I think Dish is going about getting back what they were promised in a contract the wrong way. Insisting on the customer paying for months Dish can not provide a service is not as good as charging more for the months the customer did use the service. I would take the stance you got the promo rate based on X amount of months staying with us. So the Months you did use will now be billed at the regular rate. Then you can both agree to end the contract.
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This is irrespective of price breaks. The standard deal is a 24 month commitment to maintain an active and up to date account for 24 consecutive months.
I see ambiguity there.
You can get a new account with no contract at all. It's the incentives and getting all the equipment installed that changes everything. In fact your answer makes me more think Dish would lose in court.
This is a well known passage used in classes for real estate and general law to describe this exact situation.
"Suppose you promise to pay someone $500.00 to paint your house. The promise sounds like an offer to enter a unilateral contract that binds only you until the promisee accepts by painting your house. But what constitutes lawful performance under these circumstances? The act of beginning to paint your house or completely finishing the job to your satisfaction?Most courts would rule that the act of beginning performance under these circumstances converts a unilateral contract into a bilateral contract, requiring both parties to fulfill the obligations contemplated by the contract
If a court decided it was contemplated that only the owner had to provide a suitable place for Dish to give the services, then I could see Dish winning. But I doubt that, it's Dish giving the service. In the end it just does not make good customer relations and may not even be legal to demand payment when you can't provide the service, when the other side is more than willing to pay. So just deal with the part of the service what was used and be done with it.
This is a well known passage used in classes for real estate and general law to describe this exact situation.
"Suppose you promise to pay someone $500.00 to paint your house. The promise sounds like an offer to enter a unilateral contract that binds only you until the promisee accepts by painting your house. But what constitutes lawful performance under these circumstances? The act of beginning to paint your house or completely finishing the job to your satisfaction?Most courts would rule that the act of beginning performance under these circumstances converts a unilateral contract into a bilateral contract, requiring both parties to fulfill the obligations contemplated by the contract
If a court decided it was contemplated that only the owner had to provide a suitable place for Dish to give the services, then I could see Dish winning. But I doubt that, it's Dish giving the service. In the end it just does not make good customer relations and may not even be legal to demand payment when you can't provide the service, when the other side is more than willing to pay. So just deal with the part of the service what was used and be done with it.
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Dish can provide service - at the original address. That address is probably part of the contract as well. If the OP had Dish come to this new address, there would be no contract/service to worry about.
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I can't believe this thing is still going. So basically one side is saying pay no matter what. The other side is saying yes there is a contract but Dish could wave it. I don't understand why some are taking it personal that the guy would like it waved. Yea I know......"I pay my bill and no free lunch blah blah blah". To many people worrying about what someone might get away with. Geez!! To those I say get out of the house and have a beer. Go on a date. Life is to short. A free lunch every once in a while is nice.
So Dish is telling me that if I decided to move either personal or employer requirement, and there's no LOS that I'm stuck on my own with no way to help my situation, And make you pay for no service at all or pay ETF, Not everybody knows if there's LOS or not as that's the last priority one have after or before moving. Then what happens if a tree on the neighbors property is causing issues, I can't just tell him to remove it or trim it down.
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Sure. For most people, it's last or certainly towards the bottom of the list. But, you'd be surprised how many people here have said that LOS is their first priority. People can be pretty strange.
Oh sure I can see that coming up to a real estate agent, I'm not moving because there's no LOS, even if it has a good schools nearby and quiet and safe community
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I meant to write NO ambiguity....Sorry.
In any event, who in their right mind is going to go through the expense of hiring an attorney and the hassle of a court case that will take more time to get on the docket than the term left on the contract?
no..The contract cannot be an agreement between a company or person and a 'house or other dwelling'..
When a building can be considered a 'consenting adult of sound mind' then your argument would have merit. JMO.
I moved to a new house this past September with a lot of trees on the property. Believe LOS was checked.
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Three rules to *maybe* get the extended courtesy of waived ETF
There are three important rules to get anywhere with DISH, especially since legally they are correct. The agreement states that you are liable for the ETF for ANY REASON (it is even capitalized). However, the key to getting issues resolved is following a set of simple rules.
1. Be sure that a technician has checked the LOS and determined that it is impossible to complete an installation; furthermore, make sure that he has noted that on your account.
3. Lastly, find out the corporate phone number of Dish in Colorado (sorry, won't give out number. You want out of your contract, you'll have to do some research/homework), call it.
Viola, with a little perseverance and quite some frustration (which is understandable, since you are trying to get out of a sealed contract), people who actually are in the position that they cannot receive service, and are not using a move as a pretext for termination can get some help from corporate.
It worked for me, and hopefully, it will help some other frustrated souls out there.
The Zet
There are three important rules to get anywhere with DISH, especially since legally they are correct. The agreement states that you are liable for the ETF for ANY REASON (it is even capitalized). However, the key to getting issues resolved is following a set of simple rules.
1. Be sure that a technician has checked the LOS and determined that it is impossible to complete an installation; furthermore, make sure that he has noted that on your account.
- This way, you can show that you have made the effort to install service, that you want service, and that you can't get service?
- This will provide the paper/electronic trail that you have contacted customer service, and that you are upset and tired of calling to get this issue resolved;
- after all, remember #1: You want service, you are happy with the service, and you hate to see it go.
3. Lastly, find out the corporate phone number of Dish in Colorado (sorry, won't give out number. You want out of your contract, you'll have to do some research/homework), call it.
- Ask the receptionist for company information for the purpose of filing a complaint with the BBB (If you have done it right, you will be transferred to the executive escalation department (or similar))
- Continue to ask for the company information, briefly mention the frustration you had with #1 and #2 (remember: You are a happy and courteous customer, sad that you can't get service, tired of people telling you that it is YOUR fault you moved, and that YOU signed a contract, etc.)). At this point, the representative is going to either give you the company information (not-preferred), or offer to help you with the issue.
- After 5 minutes, the account was cancelled, the ETF waived (I had 21-22 months left), the boxes with return shipping sent out, and the representative made sure that everything was "finalized"..
Viola, with a little perseverance and quite some frustration (which is understandable, since you are trying to get out of a sealed contract), people who actually are in the position that they cannot receive service, and are not using a move as a pretext for termination can get some help from corporate.
It worked for me, and hopefully, it will help some other frustrated souls out there.
The Zet
Just thinking big picture here, and again...not in any formal capacity for my employer, but if this starts becoming an issue, I see changes. Maybe it's a tiny amount of cases, but in my loyalty days, I took quite a few of these.
I suspect that if it happens enough, and enough people make a big deal of it, Dish could, at some point, stop giving free installations. They may start charging for them. As people have noted, it does cost Dish money to do an initial install. Then, Dish makes no money (generally, although I have zero evidence of it) during the first 12 months of severely discounted service. And it seems so many of these move/NLOS calls come near the end of that first year, I see Dish moving away from free installs. Or perhaps adding a rider saying they'll waive the ETF, but that the customer will be responsible for the cost of the initial install.
Dish spends a few hundred to install service. Dish then makes no money for 12 months. Then the customer wants out. Dish just lost a lot of money on that deal. I'm not talking what is right or wrong, it's been discussed to death in the thread. I'm just saying from a business angle, that Dish isn't going to roll over and lose money on these deals if they happen a lot. Dish used to waive the ETF due to mover's and NLOS, and started looking at the balance books due to it.
Again, the disclaimer in my sig...I am presenting my own opinions. Period.
I'm not suggesting that any business should have a policy that lets them lose money, but for all the customers who sign up, move later and can't get service, there are many, many times more that don't move and fulfill their contract (and remain customers for a while) that Dish certainly does okay with.
I get that installs are certainly more complicated these days but,why does Dish basically insist on having installers for everyone?Looks to me like they could save themselves quite a bit of money,by at least giving the option for self install.There have been 3 instances here at my home,that Dish insisted on an installer coming out,I told them nicely I could do it myself,and actually preferred to do it myself,they would have none of it though.On 2 of the occasions that the installers did come out,I had to go behind them and correct their mistakes.Again,I'm not saying this is for everyone,it should be an option though.
