Contract Rescission after Consideration Paid

[swebb1985]

Jurisdiction

Texas

Hello all, I need some legal advice! I entered into a contract with a stylist for my April 2017 wedding day. In August 2016 I paid her the fee of $325 in full up-front, then I signed the contract. Since that date, I have reached out to her several times to get a copy of the executed contract (i.e., get her to sign as well via a contract website). In early November I reached out again with no response, then again in late November when she finally responded and said she would get it to me. I asked a final time in early December and when she did not follow through with providing the executed contract, I emailed her a request to rescind the contract and provide a refund. At this point I felt like she was unreliable so I just wanted to get my money back and find someone else. I sent my rescission email at 7:59am and at 8:10am I received the auto-generated email from the contract website that she had signed the contract. Next to her signature is the date 12/5 when all of this happened. She then called to say she would not offer a refund because, according to the contract, a deposit of $200 was due on execution and is non-refundable. At a minimum I know I should receive the $125 difference back but I would like to get it all since I need to use it for another vendor. My questions are: Since I have already paid and signed the contract, does my email to rescind the contract count as a valid rescission? Also, is it still a valid contract given that she signed it after receiving my rescission email? Thank you for all your help!

 

[adjusterjack]

is it still a valid contract given that she signed it after receiving my rescission email?

Actually, she didn't have to sign the contract to be bound by it. And you certainly are bound by it because you signed it and paid for the service.

Since I have already paid and signed the contract, does my email to rescind the contract count as a valid rescission?

Sure, but I'm afraid that you are stuck with the $200 non-refundable deposit because you agreed to it when you signed the contract.

 

[swebb1985]

I know she doesn't have a duty to sign or send to me but I have been asking. So the fact that I've been asking for her to sign it for more than 3 months means squat? That's unfortunate. As well as the fact that she conveniently signed after I emailed to cancel. In my experience, the person creating the contract is the last to sign so I don't understand how she could not sign it and I'm still bound by it.

 

[army judge]

I know she doesn't have a duty to sign or send to me but I have been asking. So the fact that I've been asking for her to sign it for more than 3 months means squat? That's unfortunate. As well as the fact that she conveniently signed after I emailed to cancel. In my experience, the person creating the contract is the last to sign so I don't understand how she could not sign it and I'm still bound by it.

If you have a chance at getting any money, it lies in a small claims court.
Only a judge can order her to pay.
Then you must endeavor to collect the judgment.
That will be more difficult than suing.

 

[adjusterjack]

I don't understand how she could not sign it and I'm still bound by it.

You don't have to understand the how to understand the what.

Hindsight is 20/20 but next time you decide to contract for personal services make sure you do it face to face and get both your signatures on duplicate contracts at the same time (and you keep one) and then hand over the money.

That's your $200 lesson from the school of hard knocks.

 

[txls]

When you signed, you were agreed and were bound to the terms.