I'd like to repeat what Manta-Talmantas said. There is no real difference, at the basic level between rigging in Max and Maya. In fact, Maya rigged characters easily transfer to Max, and visa-versa. I'm not sure that your experiences with "great" incompatibilities between Max and Maya hold up in this context. In general, Autodesk has made great strides in erasing differences between Max and Maya over the last several versions. Maya does have a more sophisticated rigging and skinning apparatus. It is easier to develop a rig (more quickly) and the skinning tools can create a more sophisticated and elaborated rig than MAX. But this stuff is for advanced character design - probably beyond what you requested, so the difference is moot. I have both Max and Maya, and generally prefer Maya because it is easier and quicker. A preference for Maya should not set off red flags for you, especially since you want an FBX file as the final product.
However, other things that you are reporting do seem questionable. But, your moeny will not go to the modeller if you are unsatisfied and the money will be returned to you.