Legal Question in Consumer Law in California

Non Cancellable Lease

I recently applied for a merchant account. I was working with Sam Goody (not his real name) and signed a 48 month non cancellable lease. During the application process I decided I didn't want to accept credit cards because the price was too high. So I called Sam and canceled.He said he would cancel my account for me and hung up in my face 2 weeks later I recieved the terminal, and I refused it. 2 weeks after I refused the terminal, The company withdrew money out of my account. I called and was told I couldn't cancel. I was told Sam Goody was no longer employed with them. 2 weeks after this phone call, Sam Goody called me and appologized and said he was working for a different company and could get me a better deal, without all the fees of the former company I informed him of what was going on with his former company and he said if I signed with him he would get the 1st contract canceled so like a fool I signed another 48 non cancellable contract with his new company I feel like he totally took advatage of me because I was very gullible and believed him so the same sales person tricked me into signing 2 48 month non cancellable contracts with 2 different companies I need help I just want out of both


Asked on 3/12/06, 10:38 pm

2 Answers from Attorneys

David Anderson Anderson Business Law LLC

Re: Non Cancellable Lease

In order to advise you I would need to see both contracts.

I take it this is NOT a consumer matter.

Accordingly, certain provisions of protective Federal & State laws may not kick in.

Were you contracting individually or as an corporate or LLC entity?

Call or e-mail for further assistance.

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Answered on 3/12/06, 10:57 pm
Daniel Harrison Berger Harrison, APC

Re: Non Cancellable Lease

Did the former employee make false representations to you that lead you to sign the lease? Or did you sign the lease knowing of the term and fees, and now just want out? The distiction is important. Feel free to email me.

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Answered on 3/13/06, 10:21 am


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