just got married my wife speaks little english.. she signed 1 yr lease
in spanish for swap meet space..no foot traffic .. no business
just buy car and got contract in english and spanish.. whats that about
I think he might want to sue her if she gets out 4 months before. i told
her to give him 30 day notice.
any ideas
In California there are various types of contracts that are required to be
written in the same as the solicitation that led to the contract. That
includes home solicitation sales: "The contract must be in the same language
as is principally used in the sales presentation."
http://www.dca.ca.gov/legal/door.pdf
and contracts for legal document assistance: "(c) The contract shall be
written both in English and in any other language comprehended by the client
and principally used in any oral sales presentation or negotiation leading
to execution of the contract."
http://caselaw.lp.findlaw.com/cacodes/bpc/6408-6415.html
But I couldn't find anything indicating a similar law for rental of swap
meet space.
But here's an idea that might work, if the contract was made at a place of
business rented temporarilly by the seller/lessor:
". . . if you buy an item in your home you may have three days to cancel.
This Cooling-Off Rule also applies to sales purchases of $25 or more at a
buyer's workplace or dormitory and at places rented by a seller on a
temporary basis, such as hotel or motel rooms, convention centers,
fairgrounds and restaurants. Enforced by the Federal Trade Commission (p.
135), the Cooling-Off Rule requires salespersons to tell you that you have
three business days after the sale to change your mind. At the time of the
sale, the seller must give you: two dated copies of a cancellation form (one
to keep and one to send); and a copy of your contract or receipt showing the
salesperson's name and address and explaining your right to cancel. The
contract or receipt must be in the same language that's used in the sales
presentation. To cancel a purchase, sign and date one of the cancellation
notices and send it by certified mail postmarked before midnight of the 3rd
business day following the sale. Saturday is considered a business day, but
Sunday and legally-recognized holidays are not. Keep the other notice of
cancel-lation for your records. If you were not provided with the
cancellation form at the time of the sale, your three days doesn't start
until after you receive the form from the seller. You may also write your
own letter to cancel
the order." http://www.feddesk.com/handbooks/120803-1.pdf Page 29.
I know the above applies to thing you purchase and doesn't mention rental of
swap meet space, but it still might work. One approach would be to research
the law behind the information quoted above, and if it supports your right
to cancel, go ahead and cancel. The other approach would be to send a
letter of cancellation, stop paying rent, and then if the lessor sues, look
up the law at that time. Maybe the lessor won't sue. If the lessor sues
and you lose, what you lose is the amount you would have owed in rent anyway
if you had not cancelled (plus court costs and a few other expenses).
McGyver
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