How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LegalGems Your Own Question

LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 3201
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
Type Your Consumer Protection Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

What is the best way to cancel a contract signed with directbuy

Resolved Question:

What is the best way to cancel a contract signed with directbuy in washington state? we signed it Saturday.
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 8 months ago.

LegalGems :

Hi! LegalGems here. I'll do my best to assist you.I can only provide general information, so a follow up consult with a private lawyer is recommended. Did the contract state terms of cancellation? In these terms, it generally states how to go about canceling.

Customer:

It says that we agree to pay the price for the membership and acknowledge that this membership is not cancelable and the mebership fees are not refundable except as may otherwise be provided by applicable law. There is nothing baout how to cancel. Is there a 3 day "cooling off" period that would be applicable?

LegalGems :

This is for a fitness contract?

Customer:

No. It's for a Direct Buy membership and it's a home furnishing/supplies buying membership. We felt extremely pressured and were not given access to current prices until after we signed.

LegalGems :

Ok; one moment please.

LegalGems :

Home furnishing memberships are not included in the type of contracts that by state law allow a 3 day right of rescission (cooling off period). http://www.atg.wa.gov/ConsumerIssues/CancellationRights.aspx#.Uopj9SdHImE However,

LegalGems :

if they did not provide you current prices, the contract can be voided, as generally a contract, to be binding, needs to contain enough information so that there is a "meeting of the minds" and so that it can be enforced in case of breach. Failing to include price is a substantive term, and not providing this would make the contract difficult to enforce.

LegalGems :

Also failing to include the price could be considered "fraud in the inducement" and/or misrepresentation.

Customer:

They provided pricing for the membership but not for the goods.

LegalGems :

Oh, I see. Then that would really depend on a judge's personal judgment. They may consider it an unfair and deceptive business practice - misleading the consumer by allowing the consumer to believe the prices were more reasonable.

Customer:

OK. So for specifics. What should I do right now? Is there a particular way I should phrase my letter which I will send certified today?

LegalGems :

Just a moment- I'm trying to see if I can find anything specific to this type of contract.

LegalGems :

OK, the legislature has not provided for this particular circumstance unfortunately, but you can go on a common law theory of misrepresentation. The elements required are: false statement of fact, the deliberate withholding of relevant information, or an action that conceals a fact. You can address this in the letter, stating that you consider the contract void based on misrepresentation, and it should be sent certified.


1) a false statement of fact, 2) the deliberate withholding of information which a party has a duty to disclose, or 3) an action that conceals a fact - See more at: http://smallbusiness.findlaw.com/business-contracts-forms/will-your-contract-be-enforced-under-the-law.html#sthash.ivSLDUCK.dpuf

1) a false statement of fact, 2) the deliberate withholding of information which a party has a duty to disclose, or 3) an action that conceals a fact - See more at: http://smallbusiness.findlaw.com/business-contracts-forms/will-your-contract-be-enforced-under-the-law.html#sthash.ivSLDUCK.dpuf
Customer:

OK. Thanks.

LegalGems :

There is also a Unconscionability defense, but that is so discretionary it is difficult to predict. However, you can throw that term in the letter to, just to give it more umph.

Customer:

OK. great.

LegalGems :

Here is a generic letter -you can use it as a template: http://www.consumer.ftc.gov/articles/0296-sample-consumer-complaint-letter

Customer:

wonderful. thanks again.

Customer:

I can't access it.

LegalGems :

Let me relink you.

LegalGems :

OK that one works. If it is not working for you it may be JA's site. So you can type that address into the URL versus using the link.

Customer:

What do you think of this?My husband and I signed up on Saturday November 16th. We felt very pressured to sign before we were given the chance to review the membership guide.


Since then, we have reviewed pricing online and discovered that with the high price of shipping to your location, the even higher price of shipping it to our home(not available for man items that I checked), and then the additional price of hiring someone else to get the products, Direct Buy's pricing is the same or higher than other merchants. It is a misrepresentation to tell us that we will be saving significant amounts of money and then add it back in with the shipping. Additionally, we were never told about the "manufacturer's service charge " listed on page 19 of the guide.


With all of the above, we now consider the contract to be void based on misrepresentation for false statement of fact and deliberate withholding of relevant information.


Unfortunately, we just don't see how we could ever use your service to actually save money on the goods we need.


Additionally, It it is incredibly misleading to tell us we will receive a "free" vacation that is not usable. Grand Navigator requests $200 to even begin the process and then they will not even tell us a date until 30 days prior or where we would be staying. They have so many complaints against them with consumer reports that there is no way wewould ever be able to use any of their products.


Please refund us our full amount of $5990.00 on our credit card. You may use the same one that we gave you.

Customer:

got the link.

LegalGems :

Since you used the credit card to pay, you can also dispute it directly w/ the C/C company. That is well written-if you just did it in these few moments, you should consider going to law school!

Customer:

Ha, ha. I already contacted the cc co. and started a dispute. We were stupid and didn't see all the complaints against this company until we got home. If I'm smart enough to be a lawyer, I wouldn't have got myself in this mess in the first place.

LegalGems :

OK sounds like you have all bases covered. And us lawyers do these things too as we often don't follow our own advice!

LegalGems, Lawyer
Satisfied Customers: 3201
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
LegalGems and other Consumer Protection Law Specialists are ready to help you
Expert:  LegalGems replied 8 months ago.
I hope you found the information I provided useful.
Future requests can be labeled "TO LEGAL GEMS" followed by your question.

It would be appreciated if you complete the admin's survey - it's like our report card!

Thanks, and take care!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2620
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    1711
    20 years experience in consumer advocacy, debt collection violations, contracts, construction
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    1415
    16 years legal experience including consumer protection law.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    1160
    25 years of private practice
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    1065
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    1023
    Attorney with 14 years experience in various consumer protection areas