Legal Question in Business Law in Indiana

problems with internet company,

On 3-7-06, I received a call from a company called ''start up essentials''. Spoke with three reps who told me that their organization provides upfront financing for home business but you must qualify. (that means explain your situation to other representatives). They kept me on the phone for 2 hours, then told me that I was eligilble for consideration. The woman I spoke with refused to allow me to think about the agreement, so I went ahead and signed the contract. While I was still on the phone, however, I researched on the internet, and found that there were complaints, and I told her I had changed my mind. She still tried to talk me into it, but then said she didn't want to help me, after all. But later she called back, and I explained that I decided I was not going to do it. Then, one of the other reps called me and tried to get me to stay with the program. I told him ''no''. The program requires paying back their support, which is about $6,000.00 year. They were to deliver the equipment today. If I don't receive it, can I assume that I am out of the contract? If not, what are my options to get out of this? I feel I was under emotional duress and they pressured me into signing.


Asked on 3/08/07, 12:31 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: problems with internet company,

Anyone who hangs out on the phone for two hours with predatory sales staff is asking for problems. If they send equipment, you should immediately and cheerfully spend the money to confer with a local attorney experienced in contract law. You may be able to return the product. You may have other defenses, if the agreement is in anyway deemed a franchise agreement. You could contact the Indiana Securities Division, and ask if the company is registered as a franchisor and if not, ask them to investigate. You may have other contract defenses like fraud, duress, statute of frauds, failure of consideration. But these are all very fact specific, and you need personal advice of counsel. Which will cost a lot less than $6,000 a year. Good luck.

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Answered on 3/08/07, 1:09 pm


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