Houston, TX asked in Contracts for Texas

Q: Can I legally ask for follow through on a verbal contract with AT&T?

I just purchased a contract and phone 3 days ago with AT&T.

I clearly stated multiple times the phone model I was trading in, and was told multiple times it would deduct $800 from the phone's cost.

Today I went to hand in my old, factory reset phone and was told by management the promotion had ended several days before and the salesperson was just not aware.

I'm kicking myself now, with no physical contract to bind them to and an expensive phone I overwise would never have gotten.

Is there anything I can do?

Many thanks in advance!

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: There is no legal prohibition on asking.

You may consider returning your new phone because you only purchased it based on the salesperson's erroneous representation about the promotion. Since the salesperson was mistaken and management does not want to honor his representation, you can rescind the transaction.

From years in retail customer service before becoming a lawyer, I have observed that retail store managers are very reluctant to rescind a sales transaction. They may go ahead and honor the promotion rather than rescind the deal.

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