Legal Question in Business Law in Virginia

Business Contract

My husband signed a contract with U.S. Building systems to purchase a building from them on 2/04/09, they required a 25% down payment which amounted to a hefty sum. He was admitted to the hospital last night and now I have found out that he will not be able to complete this building, when I called to inform U.S. Buildings, I was told someone would contact me later. All I wanted was to discuss the possibility of canceling this contract. Is there still a law that gives you 3 days to cancel such a contract.


Asked on 2/06/09, 3:35 pm

1 Answer from Attorneys
Jonathon Moseley Moseley & Associates Law Firm

Re: Business Contract

If I were you, I would provide WRITTEN notice immediately (by Fax this time of day, I am sure), which will probably require getting your husband's signature from the hospital.

Without reviewing your contract, I cannot say whether you would have a right to cancel.

But if you do not IN FACT provide written notice, then it is a moot point.

So because it is now 5:00 PM on the 2nd day after, and tomorrow is Saturday, if you don't send written notice canceling the contract, then you will have NOTHING to work with at all.

So I would say send the written notice.

Then let's look at the contract and see if it can be effectively canceled.

I would include the fact that (a) your husband has been hospitalized, and (b) the purpose for which the contract was entered into cannot be completed because of your husband's illness.

(That comes under the doctrine of "mutual mistake" which might be a slender ground, but worth including in the notice.)

READ THE CONTRACT for a section entitled "NOTICES" which might tell you WHERE notices must be sent.

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Answered on 2/06/09, 5:15 pm


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