What are my rights to fight contract terms that were not disclosed to me and incomplete information was given?
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What are my rights to fight contract terms that were not disclosed to me and incomplete information was given?
About 8 months ago I signed a contract with a tanning salon for a certain monthly dollar amount. Then 2 months ago, I was asked by a salesperson if I could afford an additional $10/month for an upgrade. I said I could and this was the extent of the discussion between the salesperson and myself. I was asked to resign the contract “just for the additional charge” to my card. I signed and nothing else was said. I am now finding out that when I signed this contract, I agreed to an additional 18 month term. What are my rights to fight this, if any?
Asked on January 4, 2012 under General Practice, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the new contract or contract addenda you signed contained the term extension in reasonably plain language, then you probably have no recourse--people are bound to the terms of the contracts they sign, and are therefore required to read those contracts prior to signing. If they choose to sign without reading them fully, that generally does not absolve them of their obligation--therefore, whatever the sales person stated or represented to you, you were expected to review the contract before signing; if the term was right there for you to see if you had reviewed it, you cannot now complain that you did not see or understand it.
If the contract did not contain that term when you signed, you would not be bound. Or if the term was unclear, you may have grounds to challenge it if there is another reasonable, alternative interpretation.
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