I was in the process of purchasing a coffee franchise. I found out my wife is pregnant and we no long wish to persue this. We have paid for the franchise just not received anything yet. The contract has me and our wifes names on it. Only my wife has signed the contract (she printed her name where my signature goes). My signature is no where on there. But I did write the check out to them so if I understand it correctly that is a legal contract. But it was a personal check and in the contract it says that they dont accept personal checks for payment. So basically they have a contract that I have not agreed too and my money cashed by a payment method not authorized by the agreement. So my question is by the information provided would I be able to get out of this? I havent contacted the company yet and just asked politely, I am trying to prepare myself if they do say no. Thank you for any help.
A check is legally the same as cash. The fact that they accepted your check would not be cause for terminating the agreement. As you are married, you and your wife are both equally responsible for debts and obligations of each other (even if you didn't know your wife signed the agreement). Based on the examples you have given, I'm afraid you have a legally enforceable agreement. For a couple of hundred dollars, you could get a contract attorney to go over the agreement to see if there is anything else that could give you an escape option. Based on what you describe, I would assume they have could take action to enforce the agreement. Many times there is an arbitration and prevailing party clause contained in the agreement- which would mean the losing party would have to pay the legal fees on both sides. imo, your best option is to try and work something out with the company.
Strictly speaking I don't believe you are a party to the contract. The payment is valid and a contract exists between your wife and the company. While as a couple you may have some joint arrangements and liabilities it is not within her remit to legally bind you to a commercial contract. On a different note, congratulations on the joint liability you are about to undertake. I hope mother and baby stay healthy all through.
I deal with contracts all day long, but I am not an attorney so you should look into this more. It is my understanding that a signed check without the contract is as good as the signed contract. The reason for this is that you had a verbal understanding followed up by a signed document of legal tender (check).