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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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is a transient vendor who signed a contract to vend at a motorcycle

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is a transient vendor who signed a contract to vend at a motorcycle show but cannot attend because of loss of employees and gave notice that they will not attend still bound by the contract? We have not paid for the vending spot which I was supposed to pay for after March 18. The contract is from Virginia and the company is in Florida. The show is in Virginia.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid that the reason people use written contracts is to bind the parties to agreements they make. Courts in VA will hold both parties to the terms of any written contract as written. Thus, if the vendor signed this contract, unless the contract has a cancellation provision in the contract itself, I am afraid the vendor is going to be bound by the terms of the contract they signed and the vendor can be sued for breach of contact and forced to pay whatever the terms of that contract state they bound themselves to pay.

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Customer: replied 3 years ago.

So I'm still bound even no money was exchanged

Thank you for your follow up.

I am afraid that under FL and VA law, there is no requirement that money be actually exchanged to have a valid contract. A valid contract requires a writing where the two parties agree upon the object of the contract and the price of the contract, not that the price be actually paid at the time of signing or before the contract becomes valid. The contract is valid from the moment the parties agree and you signed the contract, unless the contact has some provision to the contrary.
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