Legal Question in Business Law in Florida

Contract signed with Karate Center

On April 12 my wife signed a contract with a Karate Center. The contractis for 3 years and requires a $3,000 payment over equal intervals. On April 18 my wife stated that she had regrates about signing the contract and would like to rescind/void the contrcat. I met with reps. of the karate center. They stated that they had already sent the paper work off to the national office, that my wife was explained the terms and agreed to them by signing the document, that there was no other option (month-month, 6 months)etc.. and that was it. How can I void this contract ?


Asked on 4/20/01, 2:30 pm

2 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Contract signed with Karate Center

Unless the person who signed the contract was legally incompetent at the time the contract was signed (mentally incapacitated, under age, etc.) or the terms of the contract itself allow you to terminate or rescind the contract, you must abide by the contract or risk the consequences associated with defaulting or breaching the agreement you voluntarily entered into with the karate center. Obviously, without reading the contract, I cannot give you any opinion on whether you can cancel, rescind or void the contract. But, generally a contract cannot be voided simply because one of the parties to the contract had a change of heart a few days after its execution. If parties to contracts could do that with all contracts, then what good would contracts be. In certain instances, however, there are consumer protection laws that may allow a consumer to cancel a contract within 3 days from the date the contract is executed. This is so especially in instances where a salesperson is soliciting you at your home or business. In your case, more than 3 days elapsed. The karate center might be agreeable to shortening the term of the contract from 3 years to less time, or allowing you to pay a fee (much less than $3,000) in excahge for the cancellation of the contract. The karate center is not obligated to extend such courtesies, but it does not cost anything to ask or try and negotiate a settlement that may be better than being stuck with the 3 year commitment. Of course, you can also just take the karate classes. Learning how to defend yourself is a good thing. Good luck.

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Answered on 6/14/01, 2:20 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Contract signed with Karate Center

Without reading the contract, no meaningul advice can be provided. The previous reply is accurate. Good luck..chop chop.

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Answered on 6/14/01, 6:55 pm


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