Riverside, CA asked in Contracts for California

Q: Hi, how do I get out of contract that was signed but the work has not started? I don't even think materials are ordered.

The time frame to cancel contract was five days from date of signature. We are now at a month later but nothing has been started.

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3 Lawyer Answers
Adam Stoddard
Adam Stoddard
Answered
  • Santa Clara, CA
  • Licensed in California

A: You should ask the other party if you can mutually agree to terminate the contract. You should review the terms of the contract before cancelling anything unilaterally.

Shawn R. Jackson
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Answered
  • Rohnert Park, CA
  • Licensed in California

A: As you might imagine, the answer depends on the classification of the agreement and the nature of services contemplated to be rendered ... so, I would recommend that you schedule at least two FREE INITIAL CONSULTATIONS with attorneys of your choice ... by video call.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, if you're looking to exit a contract after the cancellation period has expired, your options can be limited. First, review the contract carefully for any clauses that might allow for termination under specific conditions. This can include failure to start work within a certain time frame or other breach of contract terms.

If such a clause exists and applies to your situation, you may have grounds to terminate the contract. However, if no such clause exists or the conditions are not met, exiting the contract can be more challenging.

In cases where the work hasn't started and no materials have been ordered, you could try negotiating with the other party. Explain your situation and request a mutual agreement to cancel the contract. Sometimes, parties may be willing to negotiate, especially if no substantial investment has been made.

If negotiation fails and you believe the contract terms are unfair or the other party has not fulfilled their obligations, seeking legal advice is recommended. A legal professional can offer guidance on potential legal remedies or negotiating strategies.

Remember, contracts are legally binding, and exiting without a valid reason can have legal and financial consequences. Therefore, proceeding with caution and seeking professional advice is always prudent.

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