Is this contract valid?
UPDATED: Sep 30, 2022
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is this contract valid?
I signed a contact for services where it was agreed that I would pay $5,170 for services; I made a down payment of $270 which left an unpaid balance of $4,900, the person I was doing business with wrote on the contract that my balance would be $4,900. No service charge, which was normally 10%. Therefore, the total payment due was $4,900. I was told verbally by the individual I would be I would be baying $4,900 for 500 lessons for 2 people. He wrote 35 monthly payments of $270. I have been paying on this contract for a year. I brought it to his attention that this exceeds the amount we agreed on and explained the only reason I entered into this contract was because he assured I would be paying $4,900. He said that was a mistake and it is $4,900 per person. That is not the agreement we had and there is nothing on this contract that says I will be paid $9,800 for the service. Is this contract valid? Can I cancel it?
Asked on February 18, 2017 under Business Law, New York
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Contracts are enforceable as per their terms: if the contract clearly or plainly specifies a price of $4,900 for 500 lessons for 2 people, that is what he is held to. You could alternately sue him to enforce the contract--to get a court order requiring him to honor the contract (a court order requiring someone to perform as required by a contract is called "specific performance"); or if he tries to charge you more than agreed, treat the contract as terminated by his material (i.e. significant) breach or violation of it (charging double what was agreed would be a material violation).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.