If I signed a contract under duress, can I get out it?

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If I signed a contract under duress, can I get out it?

A month ago, I was pressured into purchasing a car that I kept insisting was not what I wanted. I am a disabled veteran and have an illness that makes me nauseous/vomit and causes me incredible abdominal pain. The day of the sale, my illness flared up. I informed the saleswoman that I was ill. I excused myself to go to the bathroom or outside numerous times. I wanted to leave but the saleswoman kept pressuring me. By the time I was ushered in finance to buy a car I kept insisting I didn’t want, I was doubled over in pain. I told the woman in finance I was sick. She rushed me through the paperwork. I couldn’t even think straight because I was in so much pain.

Asked on August 6, 2014 under Business Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Duress is a defense to enforcement of a contract.  Since you signed the contract under duress, you can seek rescission (cancellation) of the contract.  Recission of a contract also requires restitution of any benefit received under the contract which means returning the car to the seller / auto dealer.


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