Legal Question in Business Law in New Jersey
Territory Sales Agreement
I recently paid $15000 to have exclusive selling rights of a consumer product in a defined geographic area. The support and marketing plan as originally advertised has been a huge disappointment. This is not a franchise so there is no commercial property or equipment involved. I have stated in writing to the company that I am willing to compensate them for the inventory and printed collateral material I received.
There is nothing in any documenttion that states I can not seek a refund and they claim my money will only be returned if a new purchaser of the territory is secured.
They ignore my telephone calls and emails and ask for a notarized letter attesting to my permission to sell the territory. As there is presently no such document stating this to be the contingency allowing a return of my money I am reluctant to offer any document that may be considered a binding agreement to such action.
Is there a case for fraud when the services as advertised have not my expectations? Certainly ignoring phone calls, emails and suggested marketing plans does not constitute what I would consider professional support.
What if anything, can I do?
1 Answer from Attorneys
Re: Territory Sales Agreement
Hi - I would be happy to discuss this matter with you. You do potentially have a civil case for fraud, breach of contract, misrepresentation or other claim but I would need to have some more information to determine conclusively. To note a few things, I would need to know whether or not you executed an agreement with the other party. Further, what types of representations did they make to you and were there any disclaimers on their part. Please feel free to contact me for a free consultation. You should send me an email with your contact information and I will call you directly.
Regards,
Joseph C. Guagliardo, Esq.
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