EPTAnyone a Lawyer? Help me out? - Page 3
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Dracover
Australia177 Posts
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parkufarku
882 Posts
There are several routes you can go with this. It depends on your State / jurisdiction but I'll give you some basics. You can argue unconscionability, basically saying that it was an unfair procedural exchange. But it doesn't seem to be a substantive exchange so I don't know how likely this approach will work. It also doesn't seem like an adhesive contract. Where exactly is the clause that describes this additional payment located? Is it hard to find? This will be a factor. The other approach you can go is go through Parol Evidence. That contract is the final contract right? Is it supposed to be meant as the final expression of agreement between you guys? Is the additional payment per month included in the contract? If not, they cannot force you to pay it. If it is, it's going to be really hard for you. I think your BEST route will be through promissory estoppel. Since you would not have signed the contract without that assurance of $550 for canceling, you can say that there was detrimental reliance that led you to sign it. We are not disputing the fact that you signed it, but only that you depended on her oral words that led you to sign it. Of course, the other party will argue that she never said those words. But if the other party simply admits that she was new and didn't know what she was talking about, then you will win. Otherwise, it will be hard. The court will assess evidence from both sides and try to see if there was such happening. But simply the fact that you are in court at the beginning of the lease will make the court believe your side of the story more. People who make up stories like yours don't dispute their contract before they even live there. Go see a real lawyer. Honestly, I think it'll come down to your word vs. her word. The fact that she's new will work against them. Try to show evidence that $1500 more will be a drastic blow to your income, and you had other apartments in mind, will help them believe your side of the story. | ||
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parkufarku
882 Posts
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