Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
the price was raised to pay me for my tradein
im not getting anything other than if i want one month membership witch i dont , it looks like i am getting shafted again!!!
A buyer may have a legal right cancel a contract if his or her consent to it was obtained by the seller's fraud or other material misrepresentation, or if the bargain fails in some important way through no fault of the buyer. The buyer should contact an attorney or other expert if the buyer thinks that he or she may have one of these grounds for canceling a contract.
A. Rescission for Fraud, Mistake, Undue Influence, Breach, Illegality
(1) No real consent. If the buyer's consent to a contract was induced by the seller's fraud, or was given by mistake, or under duress, menace or undue influence, the buyer can rescind the contract (Civ. Code § 1689(b)). (2) Failure of anticipated exchange through fault. A buyer has a right to rescind a contract when the exchange which the buyer anticipated receiving from the seller "fails, in whole or in part, through the fault" of the seller (Civ. Code § 1689(b)(2)). (3) Promised exchange void for any reason. The buyer has a right to rescind a contract when the exchange which the seller promised to the buyer "becomes entirely void from any cause" (Civ. Code § 1689(b)(3)). (4) Failure of bargained exchange before being rendered. The buyer has a right to rescind a contract when the exchange which the buyer bargained to receive from the seller "fails in a material respect from any cause" before it is rendered to the buyer (Civ. Code § 1689(b)(4)). (5) Contract unlawful. The buyer has a right to rescind a contract when the contract "is unlawful for causes which do not appear in its terms or conditions, and the parties are not equally at fault" (Civ. Code § 1689(b)(5)). (6) Public interest prejudiced. The buyer has a right to rescind a contract if "the public interest will be prejudiced by permitting the contract to stand" (Civ. Code § 1689(b)(6)). (7) Procedure for rescinding. A procedure for exercising the right to rescind (which includes a notice of rescission to the other party) is established by law; in general, notice must be given within a reasonable time after the buyer learns of his or her right to rescind (Civ. Code § 1691-1693). (8) Other rescission rights. The procedures on rescission at Civ. Code § 1689-1693 also apply when the right to rescind is conferred by some other statute (Civ. Code § 1689(b)(7)).
B. Fraudulently Executed Contract Void.
If a party's consent to a purported contract is altogether absent because it was obtained through fraud -- for example, if the consumer was not aware that the document was a contract -- the purported contract is altogether void. (See Jones v. Adams Financial Services (1999) 71 Cal.App.4th 831, 839 [84 Cal.Rptr.2d 151, 157].)
C. Unconscionable Contract Unenforceable.
(1) Court's power to refuse to enforce. A court has the power to refuse to enforce a contract or a clause in a contract that is unconscionable when made (Civ. Code § 1670.5(a)) (2) Evidence of context admissible. To enable the court to decide whether a contract or clause is unconscionable, the parties may present evidence of the setting, purpose and effect of the contract (Civ. Code § 1670.5(b)).
D. Cancellation for Breach of Warranty
(1) Rejection. A buyer may reject (refuse to accept) a product that does not conform to the contract and the seller's warranties; if the seller does not cure the breach of warranty, the buyer may cancel the purchase (Com. Code 2601, 2711(1)). (2) Revocation of Acceptance. Buyer may revoke his or her acceptance of a product if it substantially fails to conform to the contract and the seller's warranties, and may cancel the purchase (Com. Code 2608, 2711(1)). (3) Lemon Law. If a warranted consumer product cannot be repaired after a reasonable number of repair attempts, the warrantor must either replace the defective product or reimburse its price, less the amount attributable to use (Civ. Code § 1793.2(d), 1793.22(b)).
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).