What options do we haveif we entered into a fraudulent contract?

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What options do we haveif we entered into a fraudulent contract?

Our doctor advised us as part of our fertility treatment to find an egg donor. We searched several banks before finding someone. According to the agency, the donor had never been through the process but was happy to proceed. So we signed a contract with the agency and paid its fee. When the donor showed up for the doctor appointment, the office staff recognized her and looked through their records. It turned out that she had donated previously. Consequently, the doctor stopped the process and informed the agency they signed this person under false pretenses. We’d like to be released and recieve a full refund.

Asked on November 30, 2010 under General Practice, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have explained here one of the ways in which you can have a contact set aside: fraud.  Another is misrepresentation.  This case fits in to either scenario.  If there was fraud in the inducement to contract the contract is void and you should be able to get all of your money back here.  I would seek legal counsel in your area on this matter.  Bring all the paperwork that you have on the matter.  Also, if you remember the names of the party ir parties at the agency that told you that she had never been through the process tell it to the attorney.  You should be able to walk away from this.  Good luck.


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