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Allen M., Esq.
Allen M., Esq., Attorney
Category: Legal
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Experience:  Lawyer and legal specialist.
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I signed a contract to have an individual in my home setting

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I signed a contract to have an individual in my home setting as an alternative family living (AFL) situation. The specific amount that was greed upon through the contract The agency presented to me was not the amount that was on my first months pay. When I confronted the agency about the error they replied that the amount on the contract was a typo. Can the agency be held to the contractual agreement or can they say it was a typo and keep the money agreed upon
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

You can attempt to hold them to the contract. If you have any evidence, such as verbal comments that they made to you, prior to the written contract which corroborates the amount in the written contract, that will help.

For instance, if you had been told $500 and the contract had in it $500, then that is good evidence for you. If you had been told $200 and the contract had $500 in it, then their claim that it was a typo is better for them.

Additionally, the court can take into consideration what would be a reasonable price, in deciding whether or not there was a typo. For instance, if you were talking about a car that is reasonably priced at $500, but the check was for $5000, the court may be inclined to see that as an error.

All that said, with the written contract, you would be in the better position to enforce it. They would have to convince a court to go against the contract, which is difficult to do and it is their burden.
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Customer: replied 3 years ago.
The contract is for a monthly wage of 3563'. My check was for 2563. This is where they claimed there was a typo. I would not have accepted that amount. Do I have grounds to file suit
Yes, you do. While they can certainly try to claim a typo, the difference in those two figures is not so vast that it would have been obvious to any person looking at the contract that it was a typo.

If it has said 13563 rather than 3563, then they'd have a strong argument from the reasonableness standpoint.

You can certainly sue to enforce the contract, as written.