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Lady sign a contract for dancing lessons for her two children . $400.00 a month for five years. She wasn't allow to take the contract home and read the fine print.
Her husband then lost his job. She tried to get out of the contract. Dance studio said "No" In Florida there is a law, whereby you have three days, whatever reason to cancel a contract. This contract omitted this statute. Despite this the studio
Will no relent. Do you think the judge will favor this women in court?
That clause doesn't HAVE to be in the contract... did you try to cancel it in the three day period.. or did this happen after?
What the judge actually decides is anyone's guess... because if you didn't try to cancel within three days... then that is a legaly enforcible contract...
You will have to prove your income now isn't sufficient if you want to have a chance. Buyers remorse isn't enough reason.
They said all contacts written in the State of Florida must have this provision.
It was not in the contact she signed. So I guess it is up to the judge?
The 3-day law pertains basically to contracts signed in the residence of the consumer or in a temporary space rented by the supplier. It does, in general, not apply to contracts signed at a facility (for lack of a better word) or place of business.
This is another "law" which people pass along without understanding it.
No, it doesn't have to be in the contract because it doesn't apply.
Oh I see. Maybe that is why, he wouldn't let her take the contract home and read the small print. Very interesting.
If she took the check home and read the small print it wouldn't matter - the dance studio would have signed it on their premises, not at her residence.
The dance studio would have to come to her home and BOTH parties would have to sign it there in order for the 3 day rule to apply.
This is supposed to be FL Attorney General advice on the subject:
Florida Attorney General - How to Protect Yourself: The Cooling-Off Rule
Very interesting information. Personally I would not sign anything. Until I took the contract or(Copy) 5 pages home and read it
Hell, I have enough trouble signing a contract for ANYTHING that's more than a year in length.Quote:
Originally Posted by pastor1189
Hell you can get a Bachelors Degree in only 4 years...
Personally I do not like signing contract. Buying a car is a pain in the ?
Even when a car salesman tell me he is a good christian , I have a feeling I am being hosed.
"2012 Florida Statutes
501.025 Home solicitation sale; buyer’s right to cancel.—In addition to any other right to revoke an offer, the buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase. Cancellation is evidenced by the buyer giving written notice of cancellation in person, by telegram, or by mail to the seller at the address stated in the agreement or offer to purchase. The written notice of cancellation given by mail shall be effective upon postmarking. The notice of cancellation need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale. Notice of a buyer’s right to cancel must appear on every note or other evidence of indebtedness given pursuant to any home solicitation sale. For the purposes of this section, unless a mortgage also creates the buyer’s promise to pay the secured debt, it is not an evidence of indebtedness."
Except that as I read this... they weren't soliciting in the home... this woman actually went to their place of business. Or am I just reading this wrong.
- Chapter 501 - 2012 Florida Statutes - The Florida SenateQuote:
Originally Posted by AK lawyer
The problem I see is that OP does not say something like "Within the 3 days, I wanted to cancel, but I didn't try because I didn't know about the cooling-off period". Instead, she apparently reconsidered some time later than the end of the 3 days, and only because her husband lost his job. If he had lost his job during the 3-day period, she might have a case, except that, as previously mentioned, if this was signed in the dance studio it doesn't appear to apply.
If I were the judge I would have a hard time believing the story that they wouldn't let the woman take a copy home with her, until after it was signed, I assume.
This is a great help for people signing contracts.
I likewise read nothing that indicated she signed the contract in her home.
No because the studio would not let her take the contract home. She signed
The contract at the studio. I often wondered why the auto dealer would not let me take the contract home or to seek legal advice. He wanted me to sign the contract right there on the spot.
Doesn't matter where it was signed... the key part is where and how the solicitation took place.Quote:
Originally Posted by pastor1189
I am assuming the dance studio wasn't going door to door getting people to sign up... unsolicited. Which is what that code is written for.specifically. Door to door salesmen.
If she found out about the studio anyplace but them knocking on her front door or THEM calling her in her home... then it means she sought them out and it changes everything.
THere is a world of differnce betweein someone walking up to you and talking you into something you weren't looking for... and you seeking out an service and contracting for it on your own initiative. A lot of people have discovered that after signing long term health club memberships and having buyers remourse months later. Breaking a contract can be expensive... you can't simply walk away without penalties most times.
Very Good
Quote:
Originally Posted by smoothy
She might get better results asking how much it would cost to be released from the contract, with her explaining why... otherwise its in their best interest to not let her walk away clean without any cost to her.
Doesn't always work... but sometimes it does... but make sure its all in writing with signatures... verbal agreement and a handshake will be hard to prove in a courtroom if it ever got to that point.
Smoothy, this is one of your finest.
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