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Who knows about contract law?
If you sign up for a service and the person who signs you on doesn't give you all the information are you still liable? Here it is, given a contract to sign stating that all you have to do to cancel is give 30 days written notice. That was all that was stated. Did that, now the company calls me and tells me I did the right thing but there is a $250 cancellation fee. The contract itself if $250.00. They tell me the information is stated at the bottom on the back. The salesman never indicated this. Also, there is a place for the clients signature to agree to this statement, I didn't sign there. Am I liable?
In New Jersey
No it doesn't state the cancellation fee on the front.
The signing doesn't take place at the company's actual facility.
2 Answers
- Charis PLv 61 decade agoFavorite Answer
You need to supply the following addtional information:
1. In what state did this take place? Laws vary from state to state regarding rescission rights for service contracts.
2. Where did the presentation and signing of the contract take place? Some state laws that might offer rescission rights only do so if it takes place outside of the service providers office, such as door to door sales solicitations.
3. What is the actual service provided? Again some state laws offer rescission rights for specific kinds of services.
4. Does the face of the contract state anywhere that the contract is subject to the conditions set forth on the back of the contract or anywhere else?
In general you can write to your state attorney general's office to find out what kind of consumer rescission rights you might have.
Source(s): Attorney - sophiebLv 71 decade ago
Wait till they take it to court then state your situation to the judge. Be ready to pay the $250 cancellation fee but state that you missed it on the back side (where it stated about a cancellation fee) BUT that it was not signed, you didn't get a signed copy, and there was no place for a client's signature. And that you cancelled within the appropriate time thinking you were doing the right thing. Perhaps the "reason" why you cancelled would be a good enough reason to swing the judge's vote your way. If you lose the case you may (according to their contract) have to pay for their attorney if they bring one and the filing fee for the case. So I hope you have a good reason for cancelling the service. Since it's only $250 they are after you don't need an attorney to represent you in court....just bring in a copy or the original of the documents you signed.
