Verbal misrepresentation of terms in contract

[YogiTherapist]

What is the name of your state (only U.S. law)? South Carolina

I recently signed a contract based on what the salesman told me the terms were. He filled out my information as I asked very specific questions on what I was about to sign. He told me that I would be paying lower rates for a Point of Sale Provider than I was currently and that if I was unsatisfied, I could cancel anytime--no obligations, no fees, no strings attached. So I signed based one what he told me the terms were but did not read the fine print. Looking at my bank account I see I am paying much more than I was previously so I called the company to cancel. They told me I am in a 36 month contract and would have to pay an early termination fee of $800. I checked a copy of the contract and sure enough that's what is written. Is it still fraud if he lied about the terms even if the contract says the opposite?

 

[Zigner]

What is the name of your state (only U.S. law)? South Carolina

I recently signed a contract based on what the salesman told me the terms were. He filled out my information as I asked very specific questions on what I was about to sign. He told me that I would be paying lower rates for a Point of Sale Provider than I was currently and that if I was unsatisfied, I could cancel anytime--no obligations, no fees, no strings attached. So I signed based one what he told me the terms were but did not read the fine print. Looking at my bank account I see I am paying much more than I was previously so I called the company to cancel. They told me I am in a 36 month contract and would have to pay an early termination fee of $800. I checked a copy of the contract and sure enough that's what is written. Is it still fraud if he lied about the terms even if the contract says the opposite?

In other words, your contract was quite clear.

 

[Ohiogal]

What is the name of your state (only U.S. law)? South Carolina

I recently signed a contract based on what the salesman told me the terms were. He filled out my information as I asked very specific questions on what I was about to sign. He told me that I would be paying lower rates for a Point of Sale Provider than I was currently and that if I was unsatisfied, I could cancel anytime--no obligations, no fees, no strings attached. So I signed based one what he told me the terms were but did not read the fine print. Looking at my bank account I see I am paying much more than I was previously so I called the company to cancel. They told me I am in a 36 month contract and would have to pay an early termination fee of $800. I checked a copy of the contract and sure enough that's what is written. Is it still fraud if he lied about the terms even if the contract says the opposite?

No. It is not fraud. Parol evidence law is what matters.

 

[YogiTherapist]

Ok...

So in one place in the contract it says the early termination fee is $800. In three other places it says $500. Do I at least have a chance at the lower rate?

 

[Zigner]

Ok...

So in one place in the contract it says the early termination fee is $800. In three other places it says $500. Do I at least have a chance at the lower rate?

You can always attempt to negotiate. However, there is no way we can guess at the odds of a certain outcome since we don't have the full contract to review, nor is it appropriate for us to do so.

 

[latigo]

Ok...

So in one place in the contract it says the early termination fee is $800. In three other places it says $500. Do I at least have a chance at the lower rate?

I see, you called the company to cancel the contract and were informed that early cancellation would result in an $800 penalty fee. Then you reviewed the agreement and "sure enough that's what written". And an hour or so latter we are told that in "three other places it says $500".

Would it occur to you that your credibility here might be suffering? Because it occurs to me that it would be extremely unusual that a penalty clause in a contract would appear more than once. And that if it does appear multiple times with such a discrepancy you would have mentioned it in beginning and not as a self-serving afterthought.

Moreover, it is highly unlikely that the company most likely responsible for the drafting and printing of the contract would have processed it with such an obvious discrepancy.

 

[Zigner]

I suspect that there are several different possibilities and time-frames listed that relate to various cancellation scenarios.

 

[YogiTherapist]

I didn't mention the inconsistency in the contract as it would have been irrelevant if they were at fault for orally misrepresenting the terms to me. Since it appears there is nothing I can do about that, I provided more information in case another route could be taken.

Whether this is highly unlikely or not, it is what I'm looking at. As I said before, I took it on good faith (yes I know...always read what you sign) that the man wanted my business without running into issues and therefore wasn't gonna lie to my face about things that I made clear were deal breakers for me. You may deal with liars on a regular basis but it's not something I'm accustomed to...so call my naive, I accept. I've run into a problem and I'm looking for a remedy...that's why I'm here. If we just pass snark back and forth the. We are wasting everyone's time. If I am screwed, suffice it to say I'm screwed.

The cancellation fee is repeated in different places but not for different circumstances. This is pages of mind numbing jargon and lots of things are repeated and as you know, the average layman doesn't understand a lot of what is written in legalese anyway. Thus I ask directly for clarity. So to say the "contract was clear" is relative.

I appreciate everyone taking the time to answer and letting me know how things go.

 

[Zigner]

I didn't mention the inconsistency in the contract as it would have been irrelevant if they were at fault for orally misrepresenting the terms to me. Since it appears there is nothing I can do about that, I provided more information in case another route could be taken.

Whether this is highly unlikely or not, it is what I'm looking at. As I said before, I took it on good faith (yes I know...always read what you sign) that the man wanted my business without running into issues and therefore wasn't gonna lie to my face about things that I made clear were deal breakers for me. You may deal with liars on a regular basis but it's not something I'm accustomed to...so call my naive, I accept. I've run into a problem and I'm looking for a remedy...that's why I'm here. If we just pass snark back and forth the. We are wasting everyone's time. If I am screwed, suffice it to say I'm screwed.

The cancellation fee is repeated in different places but not for different circumstances. This is pages of mind numbing jargon and lots of things are repeated and as you know, the average layman doesn't understand a lot of what is written in legalese anyway. Thus I ask directly for clarity. So to say the "contract was clear" is relative.

I appreciate everyone taking the time to answer and letting me know how things go.

The person to ask for clarity is your attorney. Would you ask the opponent in a law suit for clarity on something they present?

 

[YogiTherapist]

Fair enough. I didn't consider them an opponent but someone I was doing business with. Can't afford an attorney (or an $800 fee). But yes point taken.