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J.Hazelbaker
J.Hazelbaker, Attorney
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Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
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in louisiana do I have the right to rescind a verbal contract

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in louisiana do I have the right to rescind a verbal contract regarding a cell phone? I agreed to terms over the phone but after I saw the emailed service agreement, I wanted to cancel. ATT&T tells me it will cost me $175 to break the contract. Don't I have three days after agreeing to a contract to rescind?
Submitted: 5 years ago.
Category: Legal
Expert:  J.Hazelbaker replied 5 years ago.
While there are no "buyer's remorse" laws in affect in Louisiana that govern your contract, you may be able to get out of the contract based on standard contract principles. The problem is, you are fighting a large company that will make it very difficult on you. While you argue the points I mention below, I would also be threatening the company with a complaint to the Louisiana attorney general's office. Here' is the link to their complaint page:

http://www.ag.state.la.us/Complaint.aspx?articleID=16&catID=15

Now, unless all the important terms of the contract were read to you over the phone, you have an objection to the contract if what you were emailed differs in any material way from what was discussed with you over the phone. One party to the contract cannot tell you one thing, have you agree, then send you a document with additional terms that changes what was previously discussed. AT&T is trying to intimidate you into a greatly more detailed contractual arrangment than what they sweet-talked you into agreeing to over the phone. In order to have had a genuine "meeting of the minds" you would have had to have full knowledge (or at least the opportunity to review) everything that is contained in the emailed contract. If you didn't, then there should be no contract.

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J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience: Attorney and small business owner with 10 years experience in the general practice of law.
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