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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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Hello, Im Robert Stratton, and I signed a lease contract

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Hello,
I'm Robert Stratton, and I signed a lease contract for some furniture on Saturday. I made my 1st payment and it was accepted and cleared my back. I went through a Finance company called Whynotleasing. I purchased the furniture from NStyle Furniture company in Balch Srpings Texas and they suggested this finance company. Now it is Monday and the owner states that he hired a new employee and he made a mistake that it is not sold as a set but individual peice. what can I do? My e-mail [email protected]

Hello and welcome, Robert.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

You entered into this contract in the state of TX? Did you have any reason to know the employee was making a mistake? Did you see advertised prices which are the ones you agreed to pay in your contract?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

I did look at the product in a ordering catalog but did not see the pricing. He stated that the seating was $608.00 for all 3 chairs. I asked really , he said yes for all 3. I told him I would like to order 2 set or (6 chairs) . he then started contacting the finance company and I was approvesd for 1 set or 3 chairs.I did not know he was making a mistake. also just to fill you in, I ordered a dinnette set and 1 set of movie theatre chairs that has 3 chairs.

I see. Thank you for clarifying this for me, Robert.

Under TX law, in order to rescind a contract based on the doctrine of "unilateral mistake", the party seeking to rescind the contract must typically prove: (1) the mistake must be "of so great a consequence that to enforce the contract as made would be unconscionable"; (2) it must "relate to a material feature of the contract"; (3) it "must have been made regardless of the exercise of ordinary care"; and (4) "the parties can be placed in status quo in the equity sense." Taylor v. Arlington Indep. Sch. Dist., 335 S.W.2d 371, 373 (Tex. 1960); see Zapatero v. Canales, 730 S.W.2d 111, 114 (Tex. App.--San Antonio 1987, writ ref'd n.r.e.).

Here is a link which sets out these elements:

http://austin-texas-opinions.blogspot.com/2007/07/unilateral-and-mutual-mistake-as-basis.html

Therefore, unless the seller can show that the contract as written is unconsionable, they would typically be bound by their employee's mistake. If you receive a really good deal, that would not be enough normally, but the seller must prove that to enforce the contract would be extremely unfair. It is not likely they can prove this, so they would normally be bound by the employee's mistake.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Customer: replied 3 years ago.

Ok, so that I have this correct. he is telling me that 1 chair is $608.00 and I bought a set of 3 which means he would be out $1200.00 more or less. That is not what you said is unconsionable correct. Sorry sometimes I'm a dumb dumb.

No you are not dumb, it is a very good question and usually decided by a judge or jury if legal action is initiated. Even though it is probably a bad deal for the seller, I would not typically expect a judge or jury to find that it is unconscionable. Here is a link which defines what is normally considered unconscionable under the law:

http://legal-dictionary.thefreedictionary.com/unconscionable

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

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Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

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Thanks again and all the best to you.

Tina

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