If my wife was pressured into writing a check to a company regarding servicing our electric gate, do I have a right to cancel or can they force me to let them do the work?

Yesterday I called a company to examine my electric gate. It was not working. The advertisement to this company states that they take credit cards. A representative came out and pressured my wife to give a check for $222 which was for part of the price. When I found out the complete price, I called this morning at 830 am and cancelled the job. They said it could not be cancelled because they already purchased the parts. I repeated that we cannot afford it and I want this job cancelled.

Asked on October 20, 2015 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, assuming your wife is mentally competent, the law does not recognize a defense to liability or a contract/agreement that someone felt "pressured"--competent adults are required to understand what they are agreeing to and are presumed to only go foward with an agreement if they want the products or services, etc. Therefore, if your wife gave them a check for part of the cost, which shows an agreement to buy the service, then you are obligated to go forward with the transaction.


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