Hello. I am an international student in Canada and I am having some trouble about a residence contract I have.
When the house owner asked me to sign the contract, it said 2 years contract. but I told them that I might move out after 1 year.
And they agreed with it, and I signed the contract.
When I told them that I wanted to move out after one year, they told me not to move out because the contract says 2 years, and they said they don't really know if we talked about moving out after a year or not.
They are telling me to stay here because the contract says 2 years, but I signed it under the condition that I would be able to move out after one year even though it doesn't say about 1 year.
In that case, is the contract still effective even though they lied to me and made me sign it?
I don't know anything about Canadian law, so if anyone know about it, please help me.
2006-09-03 16:51:18 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
get an American attorney
2006-09-03 16:52:42 · answer #1 · answered by Anonymous · 0⤊ 1⤋
First, consult a lawyer.
I've been screwed on a few contracts in my life where they told me one thing when I signed the contract and changed their mind and performed the contract only as it was written out.
A good rule of thumb is that if it isn't in writing, it doesn't exist. Unless the other party admits that they said it was OK to move out in 1 year, there probably is no way you will be able to move without getting sued.
Take the contract to a lawyer. Many residence contracts have provisions that allow you to break the contract, such as if you have to move for work.
Finally, remember that they didn't make you sign anything unless you were worried about your life or well-being (under duress).
Best of luck. I hope things work out for you
2006-09-03 17:02:57 · answer #2 · answered by Slider728 6 · 0⤊ 0⤋
Since the contract says 2 years, and no where on the contract is it written that you agreed to only stay one year, then it is a binding contract to two years.
My best advice to you is to really fight this out. Try to find the person you originally sign the contract with and explain the situation, maybe they will remember something of your conversation. If not, still fight it and tell them you did in fact say you only wanted to live there for one year.
2006-09-03 17:00:02 · answer #3 · answered by Deja Entendu 4 · 0⤊ 0⤋
Using US laws as a reference: When you signed that contract, the terms that were written are the terms agreed to. If you had a separate verbal agreement (really hard to enforce as it is your word against theirs and they have a contract with your signature), the written agreement will be the one that is upheld.
Most contracts have termination terms.you may have to pay a few months rent and lose your right to your security deposit(s).
Hire an attorney in the jurisdiction that the contract was signed in. you really need someone who knows the laws and can protect your interests.......and negotiate an agreement under which the contract can be terminated in which both parties are satisfied.
2006-09-03 17:04:23 · answer #4 · answered by Jeffrey F 6 · 0⤊ 0⤋
Most Canadian contracts, like most US contracts, provide that written provisions supersede all oral representations and agreemements. Read the contract. Better yet have a lawyer read the contract. He may be able to advise you of less onerous options than staying there for two more years.
2006-09-03 17:01:40 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Generally, what is written on the contract is binding, if the contract says that the written text trumps oral agreements.
Consult an attorney in the jurisdiction (provide) where the contract was signed.
2006-09-03 16:54:21 · answer #6 · answered by coragryph 7 · 0⤊ 0⤋
well if your leaving the country i would,nt worry about it just go they aren't going to track you down they will rent it out
2006-09-03 17:00:04 · answer #7 · answered by workin_man66 3 · 0⤊ 0⤋