Scam alertand retraction between professionals

Several members have come back to me recently to tell me that they were in legal difficulty with an entity called "trouver mon photographe" (a sub-entity of "Trouver mon architecte"). They were canvassed by telephone by their sales representative, who promised them, in return for payment of an annual fee of over 700 euros, to bring them customers and thus the benefit of substantial sales. However, the company did not honor its commitments, and the photographers were relieved of the agreed sum without any compensation.

Their response to their co-contractor's failure to perform was to block the transfers to "trouver mon photographe" at their bank. They then received a letter from a lawyer who took them to court for non-performance of their obligations, and demanded considerable damages (3000 euros).

1. Beware of overly tempting proposals and cold callers. The adage "it's too good to be true" means that if it's too good to be true... there's a catch.

2. the right of withdrawal between professionals is not as general and protective as that which governs relations with consumers.
While the right of withdrawal has been open to "small professionals since the Hamon Law of March 17, 2014 throughArticle L.221-3 of the Consumer Code, this is framed by precise conditions:

-The company must employ a maximum of 5 people.
- The contract must be concluded "off-premises" (canvassing by a salesperson outside his or her commercial establishment. Protection does not extend to contracts signed during telephone or Internet canvassing.)

- The subject of the contract must not fall within the "scope of the professional's main activity".

3. If you are bound by a contract and fail to perform your obligations under it, your co-contractor can legally sue you and demand compensation for the damage caused by your failure to perform your obligations (damages) EVEN though he has failed to perform his own.