Legal Question in Consumer Law in Washington

Oral Contract

About 10 months ago I became a wireless phone user. Due to unusual circustances I was not provided with a proper terms of service . What I was given were sales documents that were represented as the terms of service. I later had to contact the sales office as I was looking for a rebate form that was supposed to be provided also . At that time I was shipped all the proper documents that I should have received. When I noticed and ''official'' terms of service I read it and I didn't like all that I read .

I contacted the wireless provider who was unsympathetic (of course ) .

The service provider always falls back on the oral contract arguement . It always has bothered me that in my case

there was no oral contract and the terms of service was misrepresented in both writing AND orally .

I have also learned that the same thing has happened to several people in my area . This leads to my basic question... how can a company claim an oral contract when they cannot prove that one was ever made , they cannot be sure what the sales man has said and neither can they be sure that the terms of service was provided properly .

What gives here and what remedies does a consumer have when they can prove such ? Thank You.


Asked on 1/01/04, 10:58 pm

1 Answer from Attorneys
Matthew King Wershow & Ritter, Inc. P.S.

Re: Oral Contract

The company has the burden of proving oral contract. The sales person may be an agent of the company and they can sue that agent for any misrepresentations.

However, the company also has your acceptance of the agreement by your accepting, using, and paying for the phone. If you feel that the agent misrepresented the facts you should consult an attorney to determine whether you may rescind the contract on the basis of fraud.

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Answered on 1/02/04, 10:08 am


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