Can I sue a salesman personally for defrauding us?
A while back my wife signed a quote for a Verizon yellow pages ad which now they claim was a contract. The sales man stated over and over again that it was just a quote and there was nothing to worry about. They ran ad without letting us know or showing us any prof. They also published her cell phone number which was the only thing they had. We disputed this from the start and now they are threatning to sue. If they sue, can we name the salesman in a counter claim?
If yes then can I do it without knowing his home address?
Answers:
Possibly. It depends on whether the salesperson was working as an employee of the company or an independent contractor.
If he is an employee, the company would be liable for the actions of their employees and the salesperson would be held harmless.
If he is an independent contractor, you still have a claim with the company because one of their contractors acted fraudulently when they "had reason to know or should have known." In this situation, you may be able to bring the salesperson into the claim.
Either way, you/your wife have to prove that what she thought she was signing was only a quote and not a contract. The judge will look at what was signed and absent any other documentation to dispute it, will decide in favor of the company.
Hope this helps.
If you can prove they misled you intentionally, then yes you can. The problem? It is going to be your word against his.
I am a business person, and there is NEVER a reason to sign a quote. If someone is quoting you a price, then that is that. They give you the quote and happily move on their way. The signature could constitute a contract, if the form signed was not read by the signer. You should never sign something without reading what it is - even if a person tells you different.
Ignorance is not an excuse. Sorry. You can try to sue, but you have to prove intent to defraud, and if all you have is your word against his, it is going to be tough.
Why would you need to sign a quote? Signing a quote (for future reference) is never necessary. Quotes are simply price listings and are for your information. The only person that needs to sign it (if then) is the person providing you with the quote.
I would say odds are you're stuck with it, unless you can somehow prove the salesperson knowingly mislead you. There is some difference if the person is a direct employee or a contractor but I don't know about legal liability. If the person is a direct employee, Verizon is liable. If the person is a contractor, then he/she may be liable and you can certainly get things escalated at Verizon to void the contract.
Write letters to Verizon customer service and complaint departments (both in one letter) explaining your situation in as polite language as you can with as much detail as you can. Give every bit of detail you have about the salesperson the dates, the language used in the communications and your expectations of what you were receiving. If you get a canned reply, respond to it and escalate it, politely.
It's unlikely you'll be able to sue the person, but you may be able to get out of any further hassle with Verizon.
What exactly is your counterclaim? If they don't prevail in court, what will your damages be?
The outcome will depend largely on what your wife signed. If there is nothing to distinguish it from a valid contract, then you had better have some proof that the salesman said otherwise.
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