Legal Question in Civil Litigation in Florida
Is a contract truely not cancelable
I owned a Country Club equity certificate valued on 1/1/04 at $25,000. The club made an offer to 10 members to take back their certificates in return for 3 years use of the club facilities without paying dues (approximately $8,000) per year). I took the option and signed a contract.
The contract stipulates that I would be subject to all rules and regulations of club members, and further, that the contract could not be cancelled by either party.
The Club has decided (incorrectly I believe) that I violated a club rule and has suspended me for 3 months with a threat of expulsion.
I say the Club cannot do either because I prepaid my dues, and the contract cannot be cancelled by the club.
The Club is an old-line club, and I prefer a lawyer that does not know someone at the club or on the Board, but so far, I have not found one.
Thanks
1 Answer from Attorneys
Re: Is a contract truely not cancelable
You have not specified what you want. I have not read the rules and regulations of your club, but it is the same as a contract. You probably agreed to be bound by their rules and regulations. However, you may have a claim for the return of your "pre-paid" membership fees, by pro-rating the amount that you were suspended plus the months of expulsion. Your best argument would be to claim that their keeping your money without giving you the benefit of membership constitutes a penalty and is not a valid liquidation on damages clause. They may argue that they only can accept a certain amount of members per year, and therefore lost out. I don't know, but your case will depend largely on your contract and the facts. If you can hire a local attorney you should do it, because any attorney out of town will have to charge you for travel. Good luck,
Randall Gilbert
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