Cancel contract and stop payment

[huntley39]

At a seminar, signed a 1 page contract for speaker to perform a service and paid with a $500 organization check. Speaker provided 2 of the 3 items which after review were wrong. Contract and payment on Sunday. Can this contract being cancelled under the 'cooling off' law and payment stopped? Also, on contract, speaker penned 'no refunds' but neither speaker nor party to contract initialed change. This happened in TX, speaker primary place of business in MI. Upon contacting speaker to discuss papers, received brushoff. Can we get out of this or chalk it up to a life lesson?
Thanks.

 

[JETX]

First, put a stop pay on the check before it clears your bank.

Second, your lack of initial of the 'no refund', since you clearly acknowledge it is on your copy also, won't stand.

Third, the right of 'three-day cancel' only applies to the following in Texas: in-home sales; time-share contracts; anything placing a lien on your home; or a health spa contract. Any other contract does not have this right.

Fourth, in most cases, once you sign the contract, you are obligated to its terms, unless the tricked, deceived or defrauded into signing.

Finally, if you feel that the 'speaker' did fulfill his contractual obligation, you can consider a Small Claims action against him. You would file this in your local county court nearest where the 'seminar' was held. You will probably have to do an out of state service (in MI). Also, consider contacting any national or regional organization that might register or sponsor this speaker. Let them know about him. If you contact them, send a copy of the 'complaint' to the speaker. Let him know that your complaint will hurt his future 'presentations'.

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!