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RGMacEsq, Attorney
Category: Business Law
Satisfied Customers: 15573
Experience:  Licensed Texas General Practice Attorney
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I want to declare a lease agreement void due to it being signed

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I want to declare a lease agreement void due to it being signed under duress. Can I just write a letter to that effect or do I have to hire an attorney and go to court?

RGMacEsq : Thank you for using JustAnswer. I am researching your issue and will respond shortly.
RGMacEsq : I'm sorry to hear about your situation. "Duress" is a defense to a breach of contract action, in that the contract was never valid and binding because of the circumstances that it was signed under. You can go to court and get what's known as a "declaratory judgment" (where you, as the party seeking to void the contract, ask the court to declare it void) or you can breach, and wait for the other side to take you to court.
RGMacEsq : If the second option happened, that would be presented as the defense.
RGMacEsq : If that were the case, you would "breach" the agreement (by not doing what you said you would do in the agreement) and when the other side sues (if the other side sues at all) then you would need to file an answer to that lawsuit and claim duress.
RGMacEsq : If the jury finds in your favor, then that would not be a breach of contract because there would be no contract.
RGMacEsq : It's not enough to write a letter to that effect UNLESS the other party is okay not taking it to court.
RGMacEsq : Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
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