Is this contract valid?

I signed a contact for services where it was agreed that I would pay $5,170 for services; I made a down payment of $270 which left an unpaid balance of $4,900, the person I was doing business with wrote on the contract that my balance would be $4,900. No service charge, which was normally 10%. Therefore, the total payment due was $4,900. I was told verbally by the individual I would be I would be baying $4,900 for 500 lessons for 2 people. He wrote 35 monthly payments of $270. I have been paying on this contract for a year. I brought it to his attention that this exceeds the amount we agreed on and explained the only reason I entered into this contract was because he assured I would be paying $4,900. He said that was a mistake and it is $4,900 per person. That is not the agreement we had and there is nothing on this contract that says I will be paid $9,800 for the service. Is this contract valid? Can I cancel it?

Asked on February 18, 2017 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Contracts are enforceable as per their terms: if the contract clearly or plainly specifies a price of $4,900 for 500 lessons for 2 people, that is what he is held to. You could alternately sue him to enforce the contract--to get a court order requiring him to honor the contract (a court order requiring someone to perform as required by a contract is called "specific performance"); or if he tries to charge you more than agreed, treat the contract as terminated by his material (i.e. significant) breach or violation of it (charging double what was agreed would be a material violation).


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