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I signed a contract with westgate resorts for a travel club…

I signed a contract...

I signed a contract with westgate resorts for a travel club that i would like to get out of

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I signed the contract in las vegas

Lawyer's Assistant: Has anything been filed or reported?

No, they have just been calling me for a week for payment since i changed banks i moved from colorado to california

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No ok

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Answered in 5 minutes by:
3/9/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,473
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Could you tell me the reason you'd like to get out of the contract?

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Customer reply replied 4 months ago
im just not interested anymore and by the time im done paying it off i would of paid around $7000.00 and i could put that money to better use

I understand. I'm very sorry.

Getting out of a contract can be very difficult. In some cases, like with door-to-door sales, you can cancel within three days, but in most cases, like this one, iut may not be possible With that said, there are some things that you would want to consider that the law recognizes as defenses to the enforcement of a contract. One of the defenses is capacity, meaning that a person who is mentally ill, under the age of 18, under the influence of drugs/alcohol can have the contract voided. Additionally, if a party enters into an agreement under duress, it can be voided. Also, if the contract is so one-sided that it would be considered unconscionable, that is another reason. Finally, there is the issue of mistake. A court can declare that there is a mistake made by both parties as to the assumption on which the contract was based. For example, if both parties made an assumption that a certain event would occur, but the event does not occur, then the contract is voidable. Unless the agreement falls into one of these categories, then the agreement is enforceable.

Again, I'm very sorry and wish I had something different for you. What other questions did you have for me regarding this?

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Customer reply replied 4 months ago
can i say it was a mistake or tell them im broke?

You certainly could, but you may have to try a different tactic to get them to see it your way.

One little known, but very effective tool that lawyers use when there isn’t a law that they can rely on to support their position is called principled negotiation. All this means is that you are looking to get something done on the basis of principles, even if you can’t find a law to support you. It takes the anxiety out of dealing with the other side because you’re focused on the facts, not each other.

Here are some simple steps you can follow:

  1. Figure out what the other side’s interests are (saving money, saving time, etc.?);

  2. Think about what your interests are (saving money, saving time, etc.?);

  3. Come up with 2 to 3 reasonable and objective ways to solve the problem;

  4. Present it to the other side;

  5. If the other side rejects, ask them, “Is there a reason why you do not feel it is necessary to negotiate?”

Of course, these are just building blocks to get the other party to help solve the dispute. Believe me when I say that good lawyers use this technique all the time to keep things out of court. You’ll find that it is very effective even with the most stubborn of individuals.

So, you could, for example, find someone to take over the agreement, agree to modify for a lower price, or just simply tell them that you believe it was a mistake and/or you're broke, so they may not get their $ any way so letting you and focusing on a new customer may be smart.

How else can I help you today?

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Customer reply replied 4 months ago
i think that'll be it for now...thank you

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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  3. For your benefit, you can also click here in the future to request me individually.

  4. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions for cheap.

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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,473
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
ok cool, thank you
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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