Misrepresentation? It was not in the signed contract

[Holly2]

What if something from a verbal agreement was not in the written contract? I bought a cellphone that was advertised by the retailer to hold 16GB storage but the retailer did not write it in the contract that I signed. He said that when he bought the phone it held 16gb storage. I took his word and purchased the cellphone. After using the phone I discovered that it only holds 8GB. Would I still have a case against him despite that specification not being in the written contract?

 

[Zigner]

What if something from a verbal agreement was not in the written contract? I bought a cellphone that was advertised by the retailer to hold 16GB storage but the retailer did not write it in the contract that I signed. He said that when he bought the phone it held 16gb storage. I took his word and purchased the cellphone. After using the phone I discovered that it only holds 8GB. Would I still have a case against him despite that specification not being in the written contract?

Sorry - US law only.

 

[Holly2]

Heh

Sorry - US law only.

Hello,
Whether it be US or elsewhere does it matter?, the phone was bought in the US. That's OK if you have no opinion on the matter, not everyone are able to help

 

[Zigner]

Hello,
Whether it be US or elsewhere does it matter?, the phone was bought in the US. That's OK if you have no opinion on the matter, not everyone are able to help

This forum is for US law matters only. Since you failed to give us the name of your state (as requested), we can only assume your are not in the US.

 

[Holly2]

This forum is for US law matters only. Since you failed to give us the name of your state (as requested), we can only assume your are not in the US.

Sorry, I hadn't seen your post requesting my state of residence. Instead of making assumptions, you should make inquiries Zig. That's the first step.

 

[Zigner]

Sorry, I hadn't seen your post requesting my state of residence. Instead of making assumptions, you should make inquiries Zig. That's the first step.

The FORUM asked for it - you intentionally deleted the question when you made your post. Since you deleted it, I chose to assume you are not in the US.

Enjoy your phone.

 

[Holly2]

The FORUM asked for it - you intentionally deleted the question when you made your post. Since you deleted it, I chose to assume you are not in the US.
Enjoy your phone.

I did not delete any question, I never even noticed it on the FORUM. You could have simply advised that I put it rather than your first post. I don't even know why I bother with you because all you do is ASSUME. Why would I intentionally delete the question?? That defeats the purpose of me coming for help. So if you cannot answer my concern>>> Have a productive day sir.

 

[Zigner]

I did not delete any question, I never even noticed it on the FORUM. You could have simply advised that I put it rather than your first post. I don't even know why I bother with you because all you do is ASSUME. Why would I intentionally delete the question?? That defeats the purpose of me coming for help. So if you cannot answer my concern>>> Have a productive day sir.

I did answer your concern. I told you to enjoy your new phone.

 

[not2cleverRed]

Again, you were asked what state, and rather than give a straight answer, you became belligerent.

Based on this, I would say that legally, you should expect that the company will stand by the letter of the contract. I have come to this conclusion because you have not been polite here, and if you are like this with the phone people, they'll use any excuse they can not to give you the benefit of the doubt.

My legal advice would be to be polite, ask nicely, and read pertinent information before signing agreements.

By the way, having "Florida" in your profile is insufficient. In what state did you purchase the phone?

 

[quincy]

What if something from a verbal agreement was not in the written contract? I bought a cellphone that was advertised by the retailer to hold 16GB storage but the retailer did not write it in the contract that I signed. He said that when he bought the phone it held 16gb storage. I took his word and purchased the cellphone. After using the phone I discovered that it only holds 8GB. Would I still have a case against him despite that specification not being in the written contract?

IF you are in Florida and IF you purchased your phone in Florida, you need to read your contract carefully and you need to read the written material that came with the phone. Does it say in either that there is 8GB of storage?

Do you have a copy of the ad that states the phone has 16GB of storage? Is the phone that was advertised the same phone you purchased?

Generally you are held to the terms of the contract you signed and oral claims not included in the written contract are not an enforceable part of the contract. This could change if the purchased item was misrepresented and the purchaser relied on the misrepresentation when making the purchase.

Please tell us what state or states are involved.

 

[latigo]

I did not delete any question, I never even noticed it on the FORUM. You could have simply advised that I put it rather than your first post. I don't even know why I bother with you because all you do is ASSUME. Why would I intentionally delete the question?? That defeats the purpose of me coming for help. So if you cannot answer my concern>>> Have a productive day sir.

For you information, Herr/Frau Wisenheimer there is a principle or contract law to the effect that all previous agreements, understandings, negotiations, etc., etc. are deemed merged into the written contract. The consequences being that the terms of a writing cannot be varied by prior "verbal agreements." Savvy?

There are circumstances whereby a contract can be rescinded such as a mutual mistake of the parties as to a material element or subject matter, or in instances of fraudulent inducement, etc., but the terms themselves cannot be varied except by mutual consent.

And stop acting like a petulant, peevish child. It is self-humiliating.

 

[quincy]

I continue to be puzzled by those who come here seeking free help who are then rude to the ones available to help them for free.

I cannot imagine anyone being that rude to someone in person who is offering help.

Anonymity has its drawbacks.

 

[Holly2]

IF you are in Florida and IF you purchased your phone in Florida, you need to read your contract carefully and you need to read the written material that came with the phone. Does it say in either that there is 8GB of storage?

Do you have a copy of the ad that states the phone has 16GB of storage? Is the phone that was advertised the same phone you purchased?

Generally you are held to the terms of the contract you signed and oral claims not included in the written contract are not an enforceable part of the contract. This could change if the purchased item was misrepresented and the purchaser relied on the misrepresentation when making the purchase.

Please tell us what state or states are involved.

Its Florida, thanks for the help, but he already agreed to refund the money.

 

[quincy]

Its Florida, thanks for the help, but he already agreed to refund the money.

Oh, good. That makes everything simpler.

Thanks for the update.

 

[Holly2]

I did answer your concern. I told you to enjoy your new phone.

Thank you!! replying from that phone actually