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I own a small business and applied for merchant services through…

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I own a small business...
I own a small business and applied for merchant services through a company and was denied. The company allowed my mother to sign on my behalf and was approved. In the meantime, they told me she was denied and another family member applied and was approved. I am currently trying to get out of the contract b/c the service is poor. They said I cannot be released due to a non-cancellable contract. I do understand. Now the question for you is to see if I have a way out b/c the contract is between the company and my mother but the contract was not signed by my mother but by my family member. Because my mother didn't sign the contract, it is binding because my family member's signature is on the contract. Thank you.
Submitted: 8 years ago.Category: Legal
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Answered in 3 minutes by:
6/11/2010
Lawyer: loeblaw, Attorney replied 8 years ago
loeblaw
loeblaw, Attorney
Category: Legal
Satisfied Customers: 1,669
Experience: Trial Atty---NY, NJ & Fed Courts, Owner of law office for 10+ years--Recently joined this Site
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You do not, since the contract is for your business but your mother cannot be held liable, so can the other family member.

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Customer reply replied 8 years ago
When you say I do not, what do you mean? I can get out of the contract? It does not state the name of the business on the agreement it just says the name of the company and my mom.
Lawyer: loeblaw, Attorney replied 8 years ago
If it names the business the business is bound by the agreement. However you should consider taking it to a commercial attorney for a review you may have an out of the terms are not clear.
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Lawyer: loeblaw, Attorney replied 8 years ago
PLEASE HONOR THE HONOR CODE

REMINDER: As your question has been answered, please click ACCEPT so that I can receive credit for the answer and you can receive credit for your question. Clicking ACCEPT does not generate additional charges but only indicates your question was answered. We do not receive a salary; this is the only way we get paid so I respectfully XXXXX XXXXX you please click ACCEPT. Additionally, note that BONUSES and positive feedback are GREATLY appreciated. Should you need additional information or have additional questions please feel free to send me a question personally.
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