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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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We purchase two HTC EVO cell phones through sprint on a two

Customer Question

We purchase two HTC EVO cell phones through sprint on a two year contract. While deciding that the cost would be to expensive for us to take on at the time (due to the fact we are going to college) the in store sales representative asked us where we did our banking. After we told him where we bank (Bank of America) he informed us that we would receive a 23% discount that would drop our bill down by about $40-$50. We then purchased the phones on that knowledge because that was a fair price that we could afford. two months later we had still not recieved any information about the discount or anything that even mentioned it. We therefore called the sprint hotline and found out that you can only receive the discount if we worked there. So signed a two year contract that holds us liable for almost $4000 if not over that amount, on false knowledge of the rep. Is there any way we can get out of this without a contract cancellation fee or damaging my credit. This was all done through false knowledge we received from the sales rep
Submitted: 6 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 6 years ago.

You would have to go back and speak with the salesman who misrepresented the discount to you. If he does not give you any satisfaction and does not reerse the sale, you must speak to the Manager. If you cannot get them to rescind the sale, the only recourse you have is to sue them in Small Claims Court in your County, naming the the store, and also naming the salesman, the manager and Sprint because they were acting on behalf of Sprint.

 

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BONUS is always appreciated

 

That is the only way I get paid

 

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Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

 

Customer: replied 6 years ago.
Those are all things i already knew, i was expecting from talking to a lawyer a more defined answer on business practice laws, not a sue them if you cant get anywhere answer (no offense to you)
Expert:  Andrea, Esq. replied 6 years ago.

If you do not specify what you already know, I have no way of knowing your thoughts. Okay, I will give you the black and white law of this situation.

 

The law allows salesmen to embelish when trying to make a sale and it is common business practice. If the salesman made verbal promises to you and you relied on them without getting them in writing, then you will not be able to get out of the 2 year contract because the law imposes on you the obligation to protect yourself by getting things in writing and ignorance of the law is no defense.

 

The only way you would have a prayer is by taking the offense and suing them.

_________________________________________________________________

 

 

 

That is the only way I get paid

 

______________________________________________________________

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Customer: replied 6 years ago.
Im not satisfied at all, especially since the not satisfied button does nothing.
Expert:  Andrea, Esq. replied 6 years ago.
If you are not satisfied, I would not want you to accept my answer. However, I believe that you would not be satisfied with any answer that didn't tell you that you were absolutely right and everybody else was wrong. Unfortunately, the law does not work that way and does not allow people to enter contracts with others, change their minds and then say someone lied to them and expect the law's protection.
Customer: replied 6 years ago.
How do i go about getting a refund? i do not appreciate your snappy messages back or you implying that I am lying or in general a liar.

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