Hi all,
I'm hoping you could help me. I've signed a contract of acceptance, have paid no deposit haven't taken home the laser cutter.
The sales man said if I signed the contract and wasn't happy with it he'll rip it up. But now he's refusing to rip up the contract and now holding me to the contract.
What can I do? This laser cutter's 35,000 dollars.
Please help.
Signed Acceptance of Offer to Buy a Laser Cutter Is It Enforcable?
phana007 on 30/10/2016 - 14:17
Comments
Should be a Cooling off period.
Was this transaction a result of a cold call?
By 'should be' are you saying 'it would be nice if…'? or are you saying 'there is…'?
If the former, yeah sure - not helpful.
If the latter - see whooah's comment.
Depends on the terms of the contract, without seeing the contract in it's entirely, it's hard to advise accurately.
Could have a cooling off period, could have contingent on finance, could have a cancellation clause etc.
If there was an offer presented to you and you signed an acceptance of that offer you've entered into a contract and you're now bound to that contract (assuming the contract is legal).
http://www.australiancontractlaw.com/law/formation-agreement…
I don't mean to rub salt into the wound but why on earth would you sign an acceptance of offer if you didn't want to accept the offer? I'm assuming the salesman only told you verbally he'd rip it up (ie there's no proof). If there's no proof, it didn't happen.
Read through the contract and see what your options are. If it seems tight (eg no cooling off period, no stipulated contract breaking amount) then go and get legal advice on what to do next.
Signing of the contract represents little more than the terms contained in the document are accepted, but it does not mean that a party can make misrepresentations in order to get you to sign (ie, "The sales man said if I signed the contract and wasn't happy with it he'll rip it up. But now he's refusing to rip up the contract and now holding me to the contract.")
This sort of representation is one of the oldest tricks around. You've got to wonder what the point of you signing it was, if not to deceive you.
There is a degree of risk forward here - in order for you to get out of it & if the matter goes to court then you will only win if you establish the misrepresentation, which may not be straight forward if the salesperson denies making it.
Get legal advice.
See http://www.lawhandbook.sa.gov.au/ch10s02s10.php for some more info.
What was said and the context may be important here.
Did the salesperson represent that if you weren't happy with the Laser Cutter and the capacity of it to do the job as you described it they would "tear up the contract". (Fit for Purpose).
Have you (now) seen it on demo at the showroom and now find some aspect of the function or capacity as unsatisfactory and not able to match the representations of the salesperson or the stated specifications…
Or, is it change of mind?
That you haven't taken receipt of the laser cutter makes me wonder if you relied on or placed to much weight on the salespersons verbal offer of under what circumstances you could walk away.
This person knows what they are talking about.
Contracts are not some magical absolute enforcement tool.Did you sign as an individual or business? Is the salesman paid by comission. Burden of proof is balance of probabilities. The courts will discover if you were infuced into entwring the contract. Estoppel- the salesman will be prevented from denying the clause if the fact is proved..
How did you sign this contract ? Was it through cool calling, door knocking or simply by buying from the shops?
Are you aware that it is lawful in Queensland to covertly record any conversation to which you are a party? I would advise you to record all conversations you have where there may be a question later as to who said what.
How do you say that the salesman is holding you to the contract?
When the contract was made was there any mention of penalty for breaking the contract?
If it's mentioned and if it's reasonable than you will have to pay that to break the contract.
If not then the contract is not worth the paper it's written on.
Also I have not seen any company sue the consumer because the customer failed to buy a product after committing to it.
They might try to recover any looses incurred in some scenarios but it's rare. Is this the scenario for you?Is this a business to business deal, as opposed to business to consumer? If so, a different set of rules apply. And why do you want out? Have you seen it cheaper elsewhere or just capriciously changed your mind?
You have to take responsibility for your actions. If you bought it on a contract, and the vendor sold it in good faith, then man up and live up to your responsibility. Don't try to wriggle out of it to save a few bucks. If you just changed your mind then you should have a think about whether you're cut out for business, it's not for children.
sold it in good faith
Did you even read OP?
It doesn't sounds like the seller is doing things in good faith.
Oh I read the OP alright. It gave no reason for wanting out of the contract, which makes you think that the reason is frivolous or unreasonable. It's time some people on this site grew up and accepted responsibility for their actions.
I thought the contract was not valid until you exchanged something of value as a deposit ?
That's the transaction, not the contract. Refer to the Law of Tort.
Tie him to a table and threaten to cut him in half with it:
This!
I was in the same scenario I used this now I am a millionare so I would definitely recommend this…What are the film rights to Goldfinger II worth?
(I hope Western Union is OK as that is who my off-shore financing syndicate prefer). lol
Should be a Cooling off period.