Legal Question in Business Law in California

Well, the first question is whether or not the Purchase Agreement makes any note on the Installment Contract. The second question is whether or not the monthly payments are explicit or implied in the agreements and/or the intent of the agreement...so, an attorney will need to see both written agreements to really answer your question.

By Grace...

Shawn Jackson ESQ. (707) 584-4529

Business Development Attorney

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The installment contract, although unsigned, could still be valid if (a) there were an oral agreement to essentially the same terms, or (b) the purchase contract cross-references the installment contract in such ways that would lead a court to conclude they were part and parcel of one another. One can also become liable on an "implied contract" by knowingly and willingly accepting its benefits. Whether any of these theories holds up in real life here depends on more facts, including what the documents actually say and the circumstances of their negotiation.

Now, as to the purchase agreement. Of course, one cannot say whether a contract is valid and enforceable without reading it. However, if the question is, "Does the absence of a signed installment contract invalidate the purchase agreement?" I'd have to say, probably NOT. Assuming the installment contract is mostly about payment terms, its absence still leaves the purchaser with an obligation to pay for goods and services received.

As a Franchise Attorney I can only add the following to the other attorney answers. Given you've entered into a $6k obligation, spend the time necessary to consult with a good business or franchise attorney in your area for specific advice in reviewing the documents and seeing if there's any way for you to rescind.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation