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 Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Consumer Protection Law
Satisfied Customers: 41220
Experience:  Licensed in PA & NJ, Experienced attorney.
18572087
Type Your Consumer Protection Law Question Here...
Dimitry Esquire is online now
A new question is answered every 9 seconds

My husband is a new small business owner a few months

Customer Question

My husband is a new small business owner for only a few months now. He has a credit card machine for people to pay with credit cards. The company that he has the machine with has been charging him high fees. So, he thought he would talk with three other card payment companies and than he was supposed to think it over this weekend and I told him not to sign anything until we had time to review them on line and with the BBB etc. Well....
one of the companies sent their guy to my husbands shop and high pressured him for hours! 9AM to 1PM My husband was listening to him between customers, and getting somewhat stressed. ( I was at home, or I would have told this guy NO ) My husband signed papers yesterday (June 25) and now they have all his business info.
After the guy left, than my son got on the web at work, and we saw that the company that my husband signed with has MANY bad reviews and so does their associate company, and are NOT signed in with the BBB. So my husband called them and tried to cancel, but they act like they are not going to accept his cancellation. My husband is upset tonight. I found your website while trying to write a letter of contract cancellation. I want to mail it early in the morning and overnight it. We are in Tallmadge, Ohio and the letter has to go to Portland, Or. But I hope that the Post Office receipt will be proof of the mailing in time. Please tell me the rule in Ohio for time to cancel a business contract. And am I doing this the right way? Please guide me on this. I know my husband has learned his lesson, he can't sleep well tonight over this! I Thank You and appreciate any help you can give us on this.
Mr. and Mrs. M. Bowers
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
Mr. and Mrs. Bowers, I suspect that you will not like my answer so kindly do not blame the messenger. There is no law as far as cancelling a business contract. Most people believe, wrongly, that there is some universal right to cancel, sometimes known as a 'right of rescission'. There is no such thing. There are only a few ways to cancel the contract which I will list below:
1. If both parties agree to mutually terminate the agreement.
2. If the state has a specific statute or law pertaining to these specific types of contracts. For example, most states give 3 to 7 days to cancel a mortgage contract for a home, or a time-share contract. This type of a contract is generally not one of them UNLESS this was a 'door to door' sale--specifically that this person appeared, unsolicited, and begin to sell this product. Then you may have a basis to cancel. I would suggest that you visit the Ohio Attorney General website at http://www.ohioattorneygeneral.gov/ (but right now it seems down) as it would list the potential contracts that are protected under law and give you some basis of protection.
3. If the contract itself has language for early termination
4. Illegality--this makes any contract void from the start.
I would suggest you wait one night, check that website above, and see if any of the conditions match. Otherwise I am afraid that this agreement would be deemed valid and would be upheld against your spouse.
Sincerely,
Dimitry, Esq.