QUESTION
Can I get my money back and is it a breach of contract to be promised something that a company cannot provide?
Asked on Feb 03rd, 2014 on Litigation - New York
More details to this question:
I got a cable 2 years ago. They said I would have fiber optic cables and 2 days ago I found out I would not be getting fiber optic cables in my neighborhood. Is that a breach of contract?
5 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Probably. What writings do you have to form the contract?
Answered on Feb 06th, 2014 at 12:25 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You said "I got a cable"....if that means you signed up for cable TV/Internet for your house based upon their representation to you that they would have fiber optic cable in your neighborhood, then that's sufficient grounds for canceling your service. Read the contract carefully before you do that, however.
Answered on Feb 06th, 2014 at 11:58 AM
Ronald A. Steinberg
Arguably it is because you based your decision to sign with them for that specific reason and they did not deliver the goods.
Answered on Feb 05th, 2014 at 9:00 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If it is not in the written contract, no, it isn't. Just because a salesman says it does not necessarily make it part of the contract. I believe if you read it you will find that only statements made in the writing are binding on the company.
Answered on Feb 05th, 2014 at 9:00 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, it is a breach of contract if you can prove what it was that you were promised. Find out if your neighbors are in the same spot. If enough of you get together, the cable company may want to make a group settlement.
Answered on Feb 05th, 2014 at 8:59 PM