How to Protect Against One-Sided Consumer Contracts

Consumer contracts are typically one-sided in favor of the seller. Frequently, purchasers of goods or services fail to read such contracts completely or carefully before signing. As a result, one-sided terms often go unnoticed until controversies later arise. Several steps can be taken to prevent and protect against one-sided contracts in the consumer arena.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Advanced research and consideration of options
• Willingness to advocate and negotiate transaction terms

1. Evaluate options from different contractors by beginning your product or service search well before the need becomes urgent.
2. Review the contract before signing it, preferably by taking a copy home to study before the day of execution. Merchants or service providers can easily comply with such a request in any case where pre-printed forms are used.
3. Read all terms of the contract, including both sides of double-sided forms.
4. Negotiate unreasonable or unduly burdensome terms by refusing to proceed with the deal unless the terms are modified or stricken.

Tips & Warnings

• Realize that the person with whom you are negotiating wants badly to make the sale. Many sales persons will allow the purchaser to strike offensive provisions even though the company does not want for this to happen.
• It is not necessary for the contract to be re-typed in order to effectuate a modification. A simple line can be drawn through terms that are stricken. Modified language can be hand written above or beside language that has been marked through.
• Be sure that the original contract is modified, in addition to any copies.
• Insist that the other party initial each change that is made to verify that the change was mutually agreed to.
• Do not feel bashful or hesitant about insisting on reading all terms. It is only prudent to do so.
• Do not "skim" or read section headings only. Commercial contracts typically contain a provision specifying that the headings are for organizational or reference purposes only. Regardless of whether this term is present, you will be bound by all language in any contract that you sign.
• Realize that, under the laws of most jurisdictions, you are contractually bound by a written contract once signed, regardless of whether you read it or not.
• In general, being "rushed for time" will not excuse you from the terms of a signed contract. It is therefore imperative to allow sufficient time to review the document thoroughly as recommended above.