Stuck in a contract

[smiles36]

What is the name of your state? Virginia


help!! my husband signed a contract for a martial arts program and wants out. the contract is almost up(4 mo. left, $89 a mo.), but we don't want to pay. he can't stand the owner and hasn't been there in over a year (he is at another place now). the owner of the school won't let us out of it. the contract says that you can only get out if you move, diasabled, or the school closes(they mention something called the general obligations law). it also says the school is obligated to furnish him with competent instruction and suitable facilities (my husband didn't like the guy's teaching ability which is part of the reason he left). can I just write the billing company and say we don't want to pay because we don't feel the school is/was providing competent instruction (we haven't been there in a year)? what can we do to get out?

 

[JETX]

"can I just write the billing company and say we don't want to pay because we don't feel the school is/was providing competent instruction (we haven't been there in a year)?"
*** You can certainly write them, but it won't do any good. The reasons:
- they have no obligation to waive the contract, and
- they have already expended the money. These contracts (gyms, etc.) are sold by the maker to a finance company. The finance company then recovers their money (and profit) in the payments and interest. What you would be asking is for the 3rd party to allow you to stop paying... and that simply won't happen.

"what can we do to get out?"
*** There is nothing you can do. The whole principal of contract law is that it is binding on all parties. Unless there was some legal loophole in the contract (very unlikely), you are obligated to make the agreed payments.

So, lets assume you decide to stop paying anyway.... and will be in breach of the contract. The owner (of the contract) can then take legal action against you, and very probably get a judgment, plus attorney fees, plus court costs, plus interest until paid. Will they do that?? No one here can tell....

 

[smiles36]

JETX,

thanks for your reply. The contract states that the school is obligated to provide us with competent instruction and suitable facitilies...would that count as a loophole?

 

[JETX]

Only if you can prove in court that they did NOT provide those. Your opinion that they didn't doesn't count.