Legal Question in Business Law in California

I called a satelite co. that I am currently with but no contract at the time. I had gotten a new TV that required HD service and had an offer from another co. for Free for life HD service. When I called my current satelite co. the associate who works for them told me they would give me Free for life HD service IF I took out a two year contract, signed on for paperless monthly payments and gave them a credit card number which I did. A few days later my HD was hooked up but when I went on line to check my account they had changed it to HD free for two years. When I inquired about the change, I was told that the associate told me something they do not do and they could only give it to me for free for two years but I am on the hook for a two year contract, and a paperless payment (which I did not want to do) plus a credit card number. I did my part but they did not fulfull theres and I am being told this is legal and they were going to discipline the one who made me the offer but this does not help me. Am I responsilbe for keeping this contract since they broke there part of it.


Asked on 7/09/10, 12:14 pm

2 Answers from Attorneys

No, if you have proof they admitted the associate made that promise and then they broke it, you can cancel the contract. But just how much of a fight you'll have to do that is unclear. Sometimes it's just not worth it.

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Answered on 7/09/10, 7:46 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Don't rely on palaver from "associates." Their authority to bind the company is doubtful, and unless your agreement is in writing (and probably on a company-furnished form), no one else in the organization will know "boo" about your supposed deal. Try explaining to their bill collector in India what Joe Blow in Kokomo told you was the deal! It won't work. Get your deal in writing signed by an authorized deal-maker.

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Answered on 7/20/10, 9:07 pm


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