I purchased a Kirby Vacumn Cleaner from Cheyenne Distributing. I cancelled the contract
But now find myself in a lawsuit. If Cheyenne Distributing has no Business License to sell
Merchandise in Shoshoni would their contract be Void?

Hello t:

Maybe. Do they have a store, or did you buy over the internet? How do you KNOW they have no license?

excon

They do not have a License sell merchandise
In the Town of Shoshoni according to the Town Clerk.

Hello again, t:

Okee doakee. If the store was located in Shoshini and retail business's are required to have such a license, then when you go to court, show the judge proof that they are not in compliance.

You're probably going to need an affidavit from the Town Clerk, or better yet have the Town Clerk show up at your trial.

excon

Quote:

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Originally Posted by excon

Hello again, t:

Okee doakee. If the store was located in Shoshini and retail business's are required to have such a license, then when you go to court, show the judge proof that they are not in compliance.

You're probably going to need an affidavit from the Town Clerk, or better yet have the Town Clerk show up at your trial.

excon

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The Store is located in Cheyenne, Wyoming. Business Licenses to sell door to door are
Required by the Town of Shoshoni to sell merchandise.

Hello again, t:

I've never heard of a licence to sell door to door.. But, if your town requires it, and they didn't have it, get the affidavit I mentioned and/or take the clerk to court with you.

Plus, you have another shot... I didn't know the salesman came to your home. That changes things dramatically. For sales that take place within your home, you have a 3 day right of recission. That means you can cancel the contract within 3 days with NO consequences...

Did you cancel within the required time, and did you do it according to your contract?

excon

Chapter 16 of the Town Codes require a Business Licence and $1000 Bond.
I sent a Notice of Cancellation after calling them and Stopped payment on a $200.00 Check all on the 2nd day of
Of the recission period. Cheyenne Distributing ignored this and are suing me for the $200 Check through their
Agent Capitol Recoveries.

Hello again, t:

Take your evidence to court. Looks to me like you'll win. I'd counter sue for bank charges.

excon

Did they sell it door to door, or did you call them up and they merely come to your home.

That is the difference, door to door, is just that, they would have walked up to your door and knocked or left a flyer.

If you called their office and invited the salesman over no door to door licence can be required.

Also if the business is properly licensed to do business where their store is located, I doubt the civil court will accept your reason.

Also that may only cause them to pay a fine to the city, not void the contract.

Thanks excon. This has been going on for over six months. I have done everything according to "Hoyle" on this matter. I want to play with a "full deck" when I go to Small Claims Court. Thanks again for your time.
Tecobird