Consumer Law, Warranties Contracts

[TBone]

I recently signed a contract joining a club about 3 hours away from my home. I made a hasty decision to join, but fortunately there was a recision clause, and after thinking of various logistical problems decided that it would not be feasible and cancelled my agreement. I e-mailed a cancellation letter to the manager on day 1. She told me that I would need to come to the location to sign the cancellation agreement. I argued that she could have e-mailed or faxed me the paperwork and I could have signed and mailed it back. She said it was company policy that I be there to sign it because they had to be sure it was really me. Question #1 Is this legal? Second, the paper work they had me sign stated that they would be allowed to have 30 days to refund the money and that I could not cancel my credit card or deny charges while this is going on. Question #2 Is this legal? Finally, they also said they did not have to witness my signature on the contract. Question #3 Is this legally binding contract without a witness signature?

 

[jharris352]

She said it was company policy that I be there to sign it because they had to be sure it was really me.

Sure it is legal. You are asking the wrong question. Can the require it is the question. Maybe that is what you mean by is it legal. It depends on the recision clause in your purchase contract. What does it say you have to do in order to rescind?

Second, the paper work they had me sign stated that they would be allowed to have 30 days to refund the money and that I could not cancel my credit card or deny charges while this is going on.

The paper work that you signed was your agreement with them. You can agree to anything you want. This is apparently something you agreed to. So it is "legal."

Finally, they also said they did not have to witness my signature on the contract. Question #3 Is this legally binding contract without a witness signature?

There is no requirement of a witness on a contract. Are you denying that it is your signature? If not then your signature binds you.

The main point in my answer is for you to look at the recision clause of your sales agreement. Both parties are bound to that agreement. I am sure they specified what you have to do to rescind and how you have to so it. Follow that. Expect them to beg plead for you to stay.

 

[TBone]

Thank you for those answers. My recision clause was for three days but it does not state anything about being there in person. It states as long as I notify them and sign their release agreement I will receive this refund. I do not believe it is fair for them to make me wait 30 days when all they have to do is refund a credit card. I feel that I am being punished for wanting my money back as finance charges will acrue. I had no choice they basically said either sign or loose your money.

 

[jharris352]

Well it may not be fair but it is probably what is going to happen. You can try to reverse the credit card transaction but I wouldn't. 30 days is not an unreasonable time to wait. It's usually 21 days before charges start to accrue and you aren't talking about a lot of money. As for "having to come in" to sign their agreement/release, if it isn't far go sign it. If it is tell them to send it and you will have it notarized. That ends the argument about "who signed it." Good luck.