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in louisiana do I have the right to rescind a verbal contract

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regarding a cell phone?...
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: 8 years ago.Category: Legal
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Answered in 25 minutes by:
4/1/2009
Lawyer: J.Hazelbaker, Attorney replied 8 years ago
J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4,385
Experience: Attorney and small business owner with 10 years experience in the general practice of law.
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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.

The information is provided for discussion and entertainment purposes only. I believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading, accepting, and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!


I appreciate your "Accepting" my answer if it has been helpful to you. Doing so allows me to continue helping in this manner. I will be available for follow-up questions should you have them after you click "Accept". Thank you.

J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
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