Can I get out of a contract if they sold me a security system over the phone, sight unseen?
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Can I get out of a contract if they sold me a security system over the phone, sight unseen?
I haven’t even received the equipment yet. It was 3 weeks ago and the paperwork got messed up and I had to sign again. It should be here in a couple of days. I don’t know anything about
this company.
Asked on April 5, 2016 under Business Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The fact that you bought the service sight unseen, over the phone, is irrelevant; you can contract, and be bound to the contract that way. You can escape the contract if the company fails to fulfill it or to do what they agreed to do. If there was a date in the contract by which they were supposed to perform and they have passed that date, you should be able to treat the contract as terminated due to their breach. If there was no date in the contract, however, they get a "reasonable" time to perform. Send them a letter, sent some way you can prove delivery, setting a date maybe 15-20 days out for performance; if they won't perform, then you can likeli treat the agreement as terminated.
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