I wanted to rent furniture, but the terms of the contract I signed did not match the terms of the contract the renter and I had agreed upon. The renter in an email notified me of this, so I decided to void the contract. Can I?
He wants to charge me cancellation fee, but I claim there was no contract to begin with! Because we both think the terms of the signed contract are wrong.
Answer by Billy Blaze
If you both agree that the contract is wrong, then there's no reason for anyone to pay a cancellation fee. It sounds like HE also doesn't want to perform the contract that you both signed. Let him breach, then walk away.
Answer by WRG
Sure, you are supposed to read contracts before you sign them. I'd even be willing to bet that somewhere on the contract you signed it says that the contract supersedes any other verbal agreement or words to that effect.
Answer by Bill
Wow, this could be a law school question.
If you had an agreement to rent the furniture then that agreement is effective, even if you didn't sign anything. The agreement you did sign is not effective because it did not reflect the meeting of the minds between you and the renter and the renter acknowledged that. So the signed agreement is voidable, and you did void it, so that's out.
But you still have the original oral agreement which should be effective as long as at least one of you wants it to be. So you can hold him to the original terms you agreed upon orally, and he can do the same to you. Of course, if there's a fight about it, you both have the practical problem of proving what the terms you agreed to actually were.
If you both want to cancel the agreement, you can do that. Save that e-mail where the renter admits the contract is not what was originally agreed to. You only have to pay a cancellation fee if that was part of the original oral agreement you two had.
Answer by patrick
It is incumbrant upon you to read and understand the contract prior to signing. If you sign a contract then you are under a legal responsibility to live up to the terms of that contract, even if the terms are different from what you previously understood them to be.
That said, it also depends upon where you live.
Many states have a "cooling off" period where you may void a contract for any or no reason within a certain timeframe. Find out the law in your state, and determine if you are within the window.
Answer by Artemis Gwen
The written contract controls. It does not matter that the written contract did not match the verbal agreement that you made. It is your responsibility to read the contract before it is signed and to make certain that the written contract reflects the entire agreement.
There was a contract the moment you signed it.
If the renter notified you that there were problems with the contract in an email and you have written proof that the renter is on notice that the written agreement does not mesh with the agreement that the two of you intended to enter, then it is possible that the contract is voidable. But this depends on WAY more information than you have provided here. I'm sorry, but I can't tell if the contract would be considered invalid based on your description.
What do you think? Answer below!
Orignal From: Any lawyers around? Is this contract legally void?
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