What are my rights ifI was rushed into signing a contract?
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What are my rights ifI was rushed into signing a contract?
I was given the exclusive right to sell listing agreement by my agent. I got a copy several days after I signed it and I found some notations I had not seen when signed. Now that I have thoroughly read the agreement I want to change some things (commission and asking price), and I want to cross-out some of the inclusions, etc. I was given the agreement with the sign-it-here page, no chance to read it initially. May I cross out amd amend now that we have agreed to adjust the above? I was rushed into signing and was not given a chance to read it.
Asked on April 5, 2011 under Business Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you can show that changes were made after you signed the agreement, you can void those changes or possible void the whole contract. It is unclear, however, whether you could void those terms or the contract as a whole if the terms were in there at signing time--even if you did not review them. After all, you could have insisted on seeing the whole contract before signing; no can make you sign, and while you say your were rushed or had no change to read it, that's not quite correct--you can *always* refuse to sign a contract until you've had the chance to (and have!) reviewed it. Generally speaking, if people sign a contract, there are obligated to its terms as when they signed it. Depending on the circumstances, you *may* be able to show fraud or misrepresentation on the realtor's/agent's part, which--if you could--may give your grounds to rescind. This requires, though, basically an active attempt to deceive you, not just more-or-less innocently not providing you the whole contract to read.
If you want to pursue this further, consult with an attorney who can review the contract, all its terms, and the surrounding circumstances in detail. Good luck.
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