QUESTION
I signed a contract with a marketing company that marketed themselves as a referral service. The salesperson told me that they guaranteed 3-4...
Asked on Oct 18th, 2011 on Contracts - New York
More details to this question:
referrals a month. 6 months passed and 0 referrals. The fine print on the back of the contract says that referrals aren''t guaranteed. I did not read the fine print. I signed based on what the salesman told me. I am going to small claims court to try to get a refund. Do I have a case based on the fraudulent description of the service? Someone was there with me that witnessed it. Thanks!
1 ANSWER
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You are in a tough spot. The parol evidence rule prevents parties to a contract from altering the terms of the written contract through the use of contemporaneous oral declarations in the absence of fraud, duress, or mutual mistake. To prove fraud, the burden would be on you to prove that the salesperson intentionally distorted the truth with the intent to get you to rely on that false fact so that you would sign the contract which lead to your damages. Your contract may also contain a merger clause that provides that the written terms of the contract may not be varied by prior or oral agreements because all such agreements have been merged into the written document.
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Answered on Oct 19th, 2011 at 3:57 PM