Q: What steps should I take if my contract was signed but not by me?
I went to look at funiture at the funiture. The rep told me about financing, I picked a bed and mattress and put money down to hold it. But when he brought the contests to sign I told him I wanted to read them first before I sign so I took them home and told him I'd come back the next day. The next day I find emails in my account that says the contracts have been esigned already so I call the financing company who confirmed it has been signed.
A:
maybe you have a desperate for a commission sales person, or a predatory company to deal with. Did you put down a deposit but refuse to sign anything?
Start by calling the finance company back and get their address so you can write to them to disavow that you ever signed the contract. then call the company rep and inquire. If that is unsatisfactory, call back and ask for the store owner or manager. Go in in person and ask for your deposit back. Do this immediately. Delay will work against you. If this leaves you still unresolved, file a small claims court action and name the salesman, the company and the finance company as defendants. Some courts will serve the suit on the defendants by mail.
When you fill out your complaint, ask for the maximum applicable amount and indicate it covers fraud, unfair credit practices, conversion of your deposit funds, emotional distress and breach of contract.
A: You can put a hold on your credit cards if you used them to pay. You can report the issue to the store manager, telling them about the fraud. Keep it in writing. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
