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Disclaimer: This post is an opinion article and is not legal advice. If you need legal assistance, please contact an attorney directly.
The Door-to-door Salesperson
Most of us in some way connect and sympathize with door-to-door salespeople. They are out in the elements, working hard to put bread on their tables. The conversation begins with a smile as the salesperson wants to ask you a question or show you something or asks you for a favor. Then comes the pitch. Possibly doubt creeps in as we try to weigh out the situation, ask questions, and peruse the contract, we gain confidence and sign.A few days later we see the bill on our credit card or bank account and you start to worry, possibly even feeling a little buyer's remorse. You call the company to cancel your contract as your salesperson said you could do if you weren't 100% satisfied. As you talk to the manager, they explain that the contract you signed locks you in for the long haul and if you want to get out, you have to pay 1/3 of the final cost upfront. Your blood begins to boil. The salesperson was so kind, funny, and warm-hearted. They said you could basically cancel whenever you want with no penalty, right? What a liar! What a thief! How could they have deceived you so?!
Well, now what? It's a legal contract. The fine print mirrors the brisk language of the manager on the phone. If you keep going it will cost you thousands, and if you cancel now, it will be a 1/3 of that.
But maybe there is still hope yet.
Option 1: A Loophole
Many people just don't know that in some cities around the United States, the door-to-door salesperson is required by law to get a license or badge allowing them permission to go door-to-door in your city. If they didn't get one, there is a good chance that the company illegally approached you in the first place. Call your city and find out if the salesperson/company got permission to sell door-to-door in your city. If not, you could call the company and threaten them with this information or provide this information to your lawyer.From my experience, asking about a city-provided license is a great way to get the salesperson off the porch and on their way. You might even save your neighbors some headache.
Option 2: Lawyer Up
Some people find litigation to be scary. To be frank, good lawyers are there to help you and protect you. Don't get me wrong, they can be expensive but you can find reviews online, get referrals from friends and neighbors, and shop and compare lawyers. Almost all of them should be able to give you an estimate up front before any payment is required. A stern letter from a firm can go a long ways when the company would rather avoid the financial loss of a lawsuit.Option 3: Make a Stink
Companies with shady practices are ultimately about the money. If you don't like how they have treated you, tell the world about it. Go online to social media and company review sites and tell others about your experience. Make sure to post certain details so people can identify the company you are talking about and can factor your opinion in to their decision. Some companies might threaten legal action for defamation if your stink is bad enough. Don't worry about contacting a lawyer unless they actually serve you at which point certainly get a good lawyer to protect your first amendment rights. Chances are, their bark is worse than their bite. Not only because it just means more money (a lot more than 1/3 of a thousand dollars) but also because if they are actually dumb enough to try that, you could potentially also tell the world about the lawsuit which in turn hurts that company worse.Option 4: Lease Takeover
Some contracts are lease agreements which sometimes allow a new person to assume the remainder of the contract. Just because you didn't like the company or the product doesn't mean that someone else wont either. You can find people to lease your contract to online.If They Cancel, Great! But one more thing.
Make sure you get everything in writing (and recordings)! Just like the contract that got you into this mess, you can only truly cancel a contract if you have it in writing. Documenting everything can also assist you if legal action becomes necessary.
Last-Minute Tips:
- Almost nothing you can buy in life is going to pass you by if you don't act fast. And if they do, it's definitely something you don't need. Never make quick decisions!- Always get a business card with the Salesperson's information. Also obtain any brochures or documents about the company, company locations, etc.
- Ask for a city-issued badge or license showing that the salesperson has been permitted by the city to sell there. If you're not sure, contact your city office to find out the rules.
- If your worried for your safety or feel harassed by the salesperson, call the police.
- Never let door-to-door salespeople into your home. It's possible some are sex-offenders getting these jobs due to the lack of process in hiring. Protect yourself and your domain!
- If you don't feel safe, don't open the door. Just keep it locked and walk away.
- Never feel awkward asking the salesperson to wait outside while you go research the company and product online. You could also give them the option to come back later. If they protest you going online to do research, excuse yourself and walk away.
Other Resources
Here are some other good resources for getting out of contracts depending on what you purchased.
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