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bamross89

University Housing Contract

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Hello, hoping someone might be able to point me in the right direction on this.

About 4 months ago, I applied online to reserve an apartment in on-campus housing at my university. I "agreed" to the online contract-which I am not sure exactly what is in it, because they don't allow you to view it after you have "e-signed" it. The prompts directed me to submit a $250 security deposit and $40 application fee, or else an apartment would not be held for me. I did this, but stopped payment of this transaction with my bank before it went through because I had changed my mind. However, somehow they still assigned me to an apartment. I emailed the gentleman in charge to let him know that I would not be taking the apartment. He sent me back a cancellation form and said "no problem." Then, I got an email from a lady, the housing coordinator, saying she reviewed my cancellation request and did not find reason to cancel my contract- they only allow you to if you are leaving the university or graduation.

I promptly emailed her back, stating that I had never paid the $250 deposit and technically should never have been assigned an apartment and never wanted to be. I was furious, because they knew of my intent to cancel my contract months ago, and never indicated there may be a problem.

My questions, specifically, are regarding the legality of their online contract- I never signed any physical forms, and do not plan to pick up the keys for this apartment. Also, since I did not pay that $250 and should not have been assigned the apartment, do I have a chance if the case needs to go to court?

I am still waiting on a response from her, and I figured I'd see what everyone here thinks.

Thank you!

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Did anyone explain why you were not able to view the contract after providing an electronic signature?

An electronic contract is a document that is created, transmitted and

signed, all in electronic form. In addition, "clickwrap" or "clickthrough" contracts are

another form of an electronic contract. These contracts are typically

found in user agreements attached to software. The user of the software

must click "I Agree" at the end of the user agreement before the

software license becomes official and the software becomes usable.(FindLaw)

Generally, contracts with electronic signatures are regarded as just as valid and enforceable as other contracts. Electronic Signatures in Global and National Commerce Act (ESIGN) is a federal law regarding this topic and should be a good starting point to your research.

Continue your research with these links:

Arrange a free consultation with an internet attorney. Keep in mind laws vary upon jurisdiction, so please provide the name of your state in future posts. Good luck.

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