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Salesman deceived me into switching from a cellphone company to his. I signed contract with him. Was it legal?


I had a contract with a cellphone company, with about 1 month left. I asked a salesman at other firm whether if I switched to his company, I wouldn't have to pay any termination fees to the first company. He said: "Don't worry, I'll take care of everything. I will transfer everything for you." I signed the new contract and a month later got a bill from the first company, charging me a significant amount of termination fees. Was the action of the salesman legal? Is the contract valid and binding? I haven't paid any of the bills yet (one charging me termination fees from the old company and the first bill from the new). I'm devastated - not only I have to pay double (bills from prior and new company). I wouldn't have to pay anything if I stayed with the first one. But I also feel very bad, because I asked (even twice) and was assured by that guy that I wouldn't have to pay those termination fees. Can't we trust anybody anymore? Should I be asking him to provide that assurance in writing.

Unfortunately some sales people are not "sales professionals" and will lie to get a sale rather than sell to your needs as a customer. The sad case here is that there is nothing you can do legally, everything he told you was taken at face value by you and you trusted him, therefor you have nothing to fall back on and nothing to show that he lied. The only thing you can do is raise a complaint with the store for whom he works.

Edit: Sweet Jeanne says only you can cancel your contract. unfortunately, if you change service provider, you have agreed for the new service provider to "take over". They then apply on your behalf (using the new contract) for the supply of service to be transfered to them. Same with utilities, the only way you would have a case here is if the sales person had not obtained a signature from you. It would then have been an erroneous transfer.

You should have talked to the first company about it since your name is on the contract. Why would you trust the company who's trying to get your business over then company you're already with when it comes to the first company's polices?
With contracts, the only thing you have against him is the whole "he-said she-said" game that no one wins at.

It sounds to me that you have not presented the bill from the "old" company (termination fees, etc.) to the sales rep from the "new" company yet.

Do that first, and make it **VERY CLEAR** that you were told by (rep's name) that this would **NOT BE AN ISSUE** and if the new company wants your business (which they absolutely do), you expect them to make good on any fees charged by the old company.

If they refuse to pay these "migration fees", you have a case. (Not that you'd have any evidence or proof, since it was all verbal from the new company rep.)

From now on, any time you enter into **ANY** business contract or promise, get that promise in writing. If the agent does not agree to provide the terms in writing (terms YOU can understand), avoid entering into any agreement with that agent, because THEY ARE SCAMMING YOU!!

Consider this your learning experience. And don't let it happen again!

-Todd s.

A sales person from one company can not promise or guaruntee what another company will do.

I would imagine everything the person was done was legal. It is your responsibility to make sure you abide by your contract to avoid fees, and your responsibility to read the fine print on any new contract you sign.

Look at it as lesson learned and remember not to be that naive again.

No verbal contract is worth the paper it's written on.

You don't get what you want, you get what you negotiate.

Stupid isn't illegal, merely detrimental.
You may be stuck.

It was not legal. The only person who can cancel any account of yours is you and you alone.
I would explain this to the company. Ask if he said he was you.
He can get in a big mess with this one.

Identity theft

I worked for a cell company for a week once. It took me that long to realize a few things:
-the people who worked there don't understand anything about what they are selling other than what their commission is for each product/service;
-everyone I worked with was literally a smooth-talking ex-con;
-I can't act like these people, even though their manager did not have a problem with the salesmen blatantly lying to customers;
-and I can never trust a cell phone salesman again.

If you signed it, you (probably) are screwed because fighting it would cost way more that what you would pay otherwise. If it is important to you, contact a lawyer who practices and litigates contract and business law.

Good luck, and don't make the same mistake twice.

To deceive someone is not illegal, at least when you have a big corporation behind you! Sorry to hear about your situation, good luck!

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