Flower Mound, TX asked in Contracts for Texas

Q: I signed the contract but has not started working. I got a better offer, can I back off of the contract?

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1 Lawyer Answer
Simone Nisbett
Simone Nisbett
  • San Antonio, TX
  • Licensed in Texas

A: Generally, once you accept an offer you are liable for performance or to uphold your promise to perform, unless there are conditions that need to be met first before you can begin.

Usually a contract will have some provisions about when and how to terminate the agreement and what the consequences will be, if any. Worst case scenario, you may be liable for some damages cause by your cancelation/refusal to perform which caused them to hire other services or to lose money, especially if you were already paid. Alternatively, there might be a liquidated damages clause involved that would involve paying a fee for breaching the contract.

You may be able to consult with the other party and ask them whether they would let you out of the contract, and propose someone else who may be able to take it over (if you have anyone reputable in mind). In that instance, it would be important to make sure that the agreement stating the new responsible party and the cancelation of the entirety of your responsibility for the contract is in writing.

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