Retailers bought oil at prices higher than the consumers were locking in at, as by Connecitcut's "prebuy law" they had to prebuy at least 80 percent of the volume they sold, he said.
Now, many consumers want to get out of those lock-in prices. But retailers can't renegotiate contracts with wholesalers, Guilford said. Thus, retailers can't renegotiate for their customers.
"Every prediction thus far is wrong, which is why I shy away from making predictions in these times," he said. "Who wouldn't be afraid with the predictions that were circulating? It's not that the people predicting were bad. They just got it wrong, which is easy to do in an extremely volatile market over which we have absolutely no control."
"As our advice on our Web site has said for three years, if you choose to lock in, you bought it and you own it," Guilford said. "The retailer has to honor the contract and the consumer has to honor the contract too."
But there is hope if a consumer feels his lock-in contract was not entered into properly or his hardship is too great.
Blumenthal said Wednesday that if a consumer locked in on a price, he must consider if he has a written contract with terms and conditions at the time he agreed to it by signing it. If he had agreed to a contract over the phone, prior to signing it, that is critical.
"If the contract was solicited over the phone and you gave a credit card to pay, you may feel you are bound to the high price. But you are not necessarily bound," he said.
Another critical point is that oil companies can only claim damages for a broken contract for what their actual costs of prebuying the oil from their wholesaler was, Blumenthal said. A retail oil company cannot charge a penalty charge on top of that, he said.
However, many contracts have specific damage conditions written in -- such as, if you break the contract, you pay $500, Blumenthal said. These are considered "liquidated damages."
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