Failed to provide a copy of the contract

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Confused Failed to provide a copy of the contract

I put my son in a marshal art class. The provider give me a form to fill the upper portion (Name, address....) and sign when I registered my son. He was very busy and told me that he will fill the rest. After 3 months, we decided to take my son out of the training and he told me that I have to continue the class for the next 3 years. He pulled my contract from his file cabinate and give me a copy of the agreement. After the day I signed, he filled out all the other portion of the contract and never give me the copy that shows he filled with his hand writing that I have to continue for the next 3 years. On the contract, it is written that the student/parent has 72 hours to change their mind and cancel the contract, but since he never gave me the copy, I never knew about the content of the contract. He pulled the trick on me. What is my legal option at this time.



Contributors: forum_admin, mnassimi
Created by mnassimi, May 17th, 2012 at 05:01 PM
Last edited by forum_admin, Jun 15th, 2012 at 05:09 AM
2 Comments , 884 Views
Old May 17th, 2012, 05:13 PM   #2
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Default Re: Failed to provide a copy of the contract

I wish to inform that your situation involves lack of considered consent and fraud in the contract. You may provide the other party with a written notice with the details of breach of contract by them. If the other party does not resolve the matter then you may file a lawsuit. You may inform the court that fraud was committed upon you. You may state that you were asked to put your signatures after which the details of the contract were filled in their own hand by the other party. The burden of proof to prove your claims will be on you. You may provide all available evidence which supports your viewpoint. The court will consider all the facts and decide the matter. You may appoint a lawyer or self represent in the court.

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Old May 17th, 2012, 05:42 PM   #3
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Default Re: Failed to provide a copy of the contract

Please ignore AFF's incorrect advice.

Sounds to me like it's YOUR problem. This is basic "Contracts 101".

NEVER sign a blank contract. (Things often get filled in after the fact, but since you signed the contract, you agreed to it, even though you never bothered to confirm the terms of that contract.)

NEVER walk away without getting a copy of the fully executed contract you just signed. (That way, you know EXACTLY what you agreed to, and mysterious additions don't magically pop up at the most inopportune moment.)

You signed a blank contract. Of course the instructor is going to take advantage of that and add in things like a 3-year contract term. And, of course, had you stopped to read the contract and gotten your fully executed copy before walking away, you would have seen what the instructor wrote in, and known about the 72-hour cancellation policy that was clearly identifiable in that contract.

Your rush to get signed in and take care of other personal business will work against you here. You'll never prove that the instructor defrauded you - since, after all, they admitted they were going to fill in the rest of the contract for you, and you never bothered to even ask about what they were writing in there. You didn't seem concerned enough about it until the terms you agreed to became a problem.

Because of your haste, you are FULLY liable and responsible for fulfilling the terms of the contract you signed in a rush. You have no one to blame but yourself in this situation.
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