How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney & Mediator Your Own Ques...
Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Legal
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
Type Your Legal Question Here...
Attorney & Mediator is online now
A new question is answered every 9 seconds

Can I rescind a contract that has not been performed yet and

Resolved Question:

Can I rescind a contract that has not been performed yet and on which I've paid nomoney ?
Submitted: 8 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 8 years ago.
That would depend on the terms of your particular contract. As soon as you sign the contract, it is considered legally binding on both parties even if neither party has yet performed. You can only rescind if the contract permits rescission or if the other party has failed to perform on the date agreed so agreed.

In Arizona cancellation rights are only limited to the following circumstances:

After certain home solicitation sales under the Arizona Home Solicitations Act, (A.R.S. § 44-5001, et seq). buyers have three-day right to cancel only if:

* the seller personally solicits the sale; and

* the buyer agrees to purchase the goods or services at a home other than the seller's home; and

* either all or part of the price is payable in installments or, if you pay cash for the goods or services the seller provides a loan for you or helps you get a loan to pay the purchase price.

The Federal Trade Commission's Cooling-Off Rule also gives you, the buyer, a three-day right to cancel if:

* the sale is in the buyer's home, workplace or dormitory, or in a facility rented for a short time by the seller (hotels, motels, convention centers, fairgrounds, restaurants); and

* the purchase price is $25.00 or more. Exceptions: You do not have a three-day right to cancel a purchase even though the sale occurs in your home, workplace, dormitory or rented facility if:

* you already have an account with the seller, and the seller's primary business is to sell goods or services at a fixed location; or, you and the seller negotiated the purchase at a fixed location where the seller offers or exhibits goods or services.

* the goods or services you purchase are not primarily for personal, family, or household purposes; or the goods or services you purchase are needed to meet an emergency; or the purchase involves your request for repairs or maintinance; or the purchase is real estate, insurance, or securities; or the purchase is a motor vehicle sold at a temporary location if the seller has a permanent place of business; or the purchase is arts or crafts sold at fairs, or other locations.

Other transactions which give you a three-day right to cancel under Arizona law: are for services, such as credit services; and discount buying club services.


Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Attorney & Mediator and 8 other Legal Specialists are ready to help you