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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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On 10/13/2015 my wife signed a contract with a Broker(in

Customer Question

on 10/13/2015 my wife signed a contract with a Broker(in Florida)to transport my car from Mass to Florida for a fee of $110-this in addition to $710 for the carrier they find.A closer reading of the contract states that the Broker does not guarantee the final price from the carrier chosen, which means that i don"t know what my final price will be.The contract also states that this fee is non-refundable with no exceptions once the credit card has been processed(for which it has).For your information the Certificate of Title is in my name not my wife"s.Can I void this contract by invoking any of the following reasons: 1) My wife is not the registered owner of vehicle and is not authorized to sign this contract 2)A rescision cluuse or 3) Other reason. Meanwhile I disputed the payment with the credit card company . THANK YOU FOR YOUR ADVISE JOEL OSIT 10/15/15
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Joel, let me go by each point and explain what you can and cannot do.

You asked:

1) My wife is not the registered owner of vehicle and is not authorized to sign this contract

That is not a valid reason, unfortunately, to cancel the contract. This contract does not obligate you unless your wife has a power of attorney, but it does obligate your wife. If I sign a contract to transport my neighbor's car, it does not matter if the neighbor does or does not consent--the contract is valid and I would be bound by the terms.

2)A rescision cluuse or

There is no rescission clause in this agreement from what you listed. To use a rescission clause a clause must exist that does exactly that.

3) Other reason. Meanwhile I disputed the payment with the credit card company .

That is unwise to dispute if your wife signed this with knowledge. Your best defense is 'material misrepresentation', specifically that they failed to disclose these terms and you are now required to be bound by them. In essence if they failed to let you know this was non-refundable and final, you can argue that by failing to let you know the contract can be termed void.

Sincerely,

Dimitry, Esq.