Legal Question in Consumer Law in Virginia

Signed a contract and want out of it

I signed a contract with Positive Change Hynopsis. I attended one session and drove home. I decided drive was too long- 1 and 1/2 hours away. As soon as I got home from first session, I called and told them I wanted out of my contract. They said I could not get out of it because I had left the building (which is on the contract) and I owed them the whole 777 dollars. I feel really stupid. Do I owe them the whole amount? I thought I had 3 days to rescend even though the contract did say once you left bldg., it was final.


Asked on 4/27/00, 8:51 pm

1 Answer from Attorneys
Daniel Hawes Hawes & Associates

Re: Signed a contract and want out of it

The simple answer is, "maybe". If you fax me a copy of the contract I might be able to help you better: (703) 352-8684. Three things occurred to me as I read the question: (1) "Positive Change Hynopsis" is not a valid corporate name by itself unless it's a registered fictitious name. It may be you have a contract with a nonexistent entity (which means you have no contract); (2) you have a three day right of rescission IF the solicitation to enter into the contract happened somewhere other than the seller's usual place of business (Va. Home Solicitation Sales Act), and the contract is void if it doesn't contain language informing you of that right; and (3) if the business did or said anything, including in their printed matter and advertisements that was was in any way fraudulent, deceptive, or misleading, then you've got a cause of action against them under the Virginia Consumer Protection Act (Va. Code 59.1-200, see esp. para. 14).

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Answered on 6/12/00, 10:00 am


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