Legal Question in Business Law in Texas

Roofing salesmen conned our trustee into signing a "Proposal" Trustee told salesmen three times that he did not have authority to Commit the church to anything. Salesmen told trustee that he needed to sign a paper "Allowing us to contact your insurance company" Salesmen did not tell trustee that if church does not give them the job, that the church was committed to paying roofing company 35% of insurance payment. They deceived our trustee. We believe it to be unethical. What can we do about getting out of this? Thanks!

Asked on 1/31/13, 9:18 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

I don't believe you have a problem.

If the trustee didn't have the authority to commit the church to a contract, then the church isn't bound, for 35% or for anything else.

Somebody should write a nice letter to this roofing salesman's boss and explain in writing what happened. Send the letter by certified mail (postage is about $5.75). Date the letter. Keep a copy. Make it clear that there is no agrement with the roofing company. Suggest to the roofing company that in the future, they conduct themselves in a more ethical fashion.

If you start getting threatening "collection" phone calls, hang up. Every time. No exceptions. JUST HANG UP.

And if they sue you, counter-sue for fraud and deceptive trade practices.

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Answered on 2/02/13, 9:18 am

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