Legal Question in Consumer Law in Florida
When Verbal & Written Contract Terms Conflict
A karate academy in FL said we could terminate our 1yr contract ''if you get sick or move'' with no conditions for proving either stated. The written contract - my wife didn't read it closely prior to signing because she trusted the ''Christian'' Academy owners - with their credit card ''acceptance'' company in MO says ''absolutely non-cancellable'' They sent a letter saying they were going to charge a new fee for credit cards - a unilateral change to the contract we don't accept. We also have an injury but they now demand a doctors note - we never agreed to that level of proof. They are telling us that we have to pay-off 40% of the balance due to be released. Does the Academy's verbal contract modify the terms of written contract? Thanks!
1 Answer from Attorneys
Re: When Verbal & Written Contract Terms Conflict
The written agreement controls, unless you can show fraud, which would be difficult.
However, it is against Florida law to charge and extra fee for credit card use.
Depending on the amount of money involved, you may want to hire an attorney.
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