Legal Question in Business Law in Maryland

Fradulant Misrepresentation in Contract

I had entered into a contract with a health club where I was quoted two rates one for a basic membership and one for a premeir membership.

I was assured by the sales representitive that if I decided at any time that I would like to downgrade my membership I could. Now I am trying to do that and the club will not comply.

This provison is not specifically cited in the contract, nor is any provision that this could not be done.

I have in my posession the original ''sales'' sheet which was the rough explanation of the rates.

Could this be considered fraud?

Thank you in advance for any assistance you can lend in this matter !


Asked on 8/03/04, 12:15 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Fradulant Misrepresentation in Contract

While under the facts you outlined, the statement by the sales rep could be considered a fraudulent inducement to get you to enter into the contract, there is undoubtedly a provision in the contract that says that any oral representations made to you are not part of the contract and therefore not binding on the parties. You should have asked the sales rep to give you his "downgrade" assurance in writing, but it's too late for that now. Have you tried to get the sales rep to acknowledge that he gave you that option? Perhaps if you're able to do so, out of good will they might agree to do it.

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Answered on 8/03/04, 2:55 pm


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