I am not sure if I worded the questions correctly. My sister has signed a document drafted by an attorney and did not understand what she was signing. Is there anything she can do after the document was signed. Any help would be appreciated.
2007-10-05 12:29:52 · 8 answers · asked by Ashley W 5 in Politics & Government ➔ Law & Ethics
Most business contracts have a three-day period during which you can cancel the contract before it is considered binding.
Other than that, if your sister can prove that anyone willfully misled her, omitted important information, etc, or that it was entered into under duress, high-pressure sales tactics, etc, then she may have a case. How to pursue it really depends on the type of contract. She should ask a lawyer for legal advice as soon as possible, in order to have the best chance of getting out of the contract without penalty.
2007-10-05 12:51:35 · answer #1 · answered by hoff_mom 4 · 0⤊ 0⤋
It depends on the type of contract. For some types of contracts (e.g. car purchases), the law provides a period of time to opt out of the contract with no penalty.
For most contracts, it is valid once both parties have signed the contract (or otherwise accepted the contract). Until the other party has accepted the contract, it is merely an offer. Once both parties has signed the contract (or accepted the offer), the contract is valid (unless it is invalid for a reason unrelated to it being accepted such as fraud).
Even after a contract has been signed, the law does allow you to break or breach the contract. However, breaking a contract does require you to pay the other side for any damages caused by your decision to break the contract. For example, if the contract were a lease on the apartment for twelve months, and you left after three, you would be required to pay the lower of:
1) the costs for advertising the vacancy in the contract and the difference between the rent you would have paid for the last nine months and the actual rent received for the nine months
2) the rent that you had agreed to pay for nine months.
2007-10-05 12:46:08 · answer #2 · answered by Tmess2 7 · 0⤊ 0⤋
well first of all that will teach her to next time read everything in a contract before you sign, even the fine print, because you're responsible for what you put your signature to.
You say the contract was "drafted" by the attorney but you didn't say what kind of contract it was. Contracts are "binding". These days there's a law out that you have 3 days from the signing to change your mind. Other than that it will go into effect. To change a contract "both sides must be in agreement" and line out what they don't want and BOTH initial at the point where it was crossed out or lined out. So she might want to contact the other person who signed the contract and ask if they will approve her change. If she wants to back out and they won't accept her backing out then she is responsible for what she signed. What exactly did she agree to and sign?
2007-10-05 12:41:38 · answer #3 · answered by sophieb 7 · 0⤊ 0⤋
Probably not. Unless the document has some kind of clause allowing rescinding.
You should always read and understand before you sign. If a lawyer wants you to sign something, it's a good idea to have your own attorney look it over before you sign.
2007-10-05 12:39:38 · answer #4 · answered by bdancer222 7 · 0⤊ 0⤋
I believe you would need to talk to a different lawyer depending on the contract that was signed. Some have entries in them that punish the signer for breaching the contract.
2007-10-05 12:38:10 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Once your signature is on it, that's it, the contract is binding unless you can prove it's provisions are illegal.
If she really did not understand what she was signing, she could go to court and argue the attorney misled her on purpose.
Attorney's are mostly a*&holes. I went to one asking him to write a legal letter for me. He didn't write the letter, and then charged me twice what he told me ($900.00!) for making a phone call which I could have easily made myself and not even arguing my point with them. I'll never use an attorney for anything again.
2007-10-05 12:37:13 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Perhaps, but probably only with the consent of the other party/parties involved in the contract.
There is a simple rule with contracts:
If you don't understand it, don't sign it. Take it to an independent 3rd party that does understand it and have them explain it to you first.
2007-10-05 12:38:29 · answer #7 · answered by Lloyd B 4 · 1⤊ 0⤋
only if both (or possibly all) parties on the contract agree. A new contract will have to be drawn up.
2007-10-05 12:38:07 · answer #8 · answered by Dave T 4 · 0⤊ 0⤋