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JPEsq
JPEsq, Attorney
Category: Business Law
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Experience:  Experience as both in-house and outside counsel in general business and transactional law
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If I was lied to by the CBeyond telecommunications rep on several

Resolved Question:

If I was lied to by the CBeyond telecommunications rep on several issues, and offered cash (but did not accept) by the rep to can I void by contract with CBeyond?
Submitted: 4 years ago.
Category: Business Law
Expert:  JPEsq replied 4 years ago.

Most likely you cannot void the written contract because the rep lied to you. The issue is proof. They have a written agreement, whereas you are just alleging they lied. Also, the written contract would override any oral promises.

 

I do not understand what you are saying when you say you were offered cash. Could you elaborate?

JPEsq, Attorney
Category: Business Law
Satisfied Customers: 5103
Experience: Experience as both in-house and outside counsel in general business and transactional law
JPEsq and 8 other Business Law Specialists are ready to help you
Customer: replied 4 years ago.

The rep was very new and really needed this sell. He had his supervisor call me to pressure me while the rep was in my office and after I hung up the phone with the surpervisor, the rep stated "I really need to close this deal, if I will pay you (the amount in question preventing my accepetance) can we close this deal" He never did pay me because later his boss called me and gave me coupons to cover the amount in question.

 

Thanks,

Tim

Expert:  JPEsq replied 4 years ago.
I don't understand. What were the coupons for? Did you use them?
Customer: replied 4 years ago.

The additonal rebate coupons given were discounts I could apply to further monthly payments. These were were given as part of the deal they had going on at the time, but after the rep offered to pay me, the surpervisor offered me more rebate coupons so I would close the deal.

 

The coupons I received were:

 

12 - $100 coupons that could be used at a rate of 1 per month toward the monthly bill

1 - $495 credit coupon that could be used every 12 months

2 - $50 month credits applied to monthly bill each month for a total of $100

3 - $200 redemption coupon for for the 3 cell phones I purchased.

 

Very confusing I know. And yes I have used the coupons and they are stating that if I cancel in the 13th month (march 2010) I would have to repay all coupons and installation ($3,700) which is not what the rep told me at signing and before. I was told if could walk away in 13th and 26th? month at no cost.

 

Thanks,

Expert:  JPEsq replied 4 years ago.

I see. It is going to be very difficult to void the contract. You have an obligation to read the agreement before you sign it. If the writing says something different than what you were told, you would mark it out. Courts presume that you know what you are signing.

 

The fact that you were pressured is a non-issue. That's what salesmen do. It's the same thing with car salesmen, courts generally do not take into consideration the sales tactics.

 

If you can prove that you were promised more money in rebate, you could win a lawsuit for that amount of money. Again though, the difficulty is proving it.

 

I am sorry, I know this is not what you want to hear. But this is the reality. A written contract almost always trumps what the salesman told you. In this case, your best possible outcome is getting the money you were promised, assuming you can prove that the promise was made.

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