Can I Cancel a Contract After I’ve Signed?

Signed something and now have second thoughts? Whether you can walk away depends on why you want out and what kind of defect (if any) exists in the agreement. Lawyers describe this using two terms: void and voidable.

Void vs. Voidable: What’s the Difference?

• Void contracts are null from the start. Think of them as legal non-events. Neither party can enforce them because the law treats them as if they never existed. Common reasons include: illegal subject matter, agreements made by someone who legally lacked capacity, or extreme problems with the formation (for example, certain forms of fraud where there was no genuine assent).

• Voidable contracts are valid unless and until the harmed party chooses to cancel (rescind). These usually involve problems like misrepresentation, mistake, duress, undue influence, or unconscionable terms. If you’re the harmed party, you may have the option to unwind the deal, but you need to act within any deadlines and follow the contract’s notice requirements.

  
  

Practical Steps if You Want Out

1. Read the contract carefully. Look for cancellation, termination, or rescission clauses. Note any written-notice requirements (email vs. certified mail), deadlines, and fees.

2. Document the issue. If you’re alleging misrepresentation, mistake, or pressure, gather dates, messages, marketing materials, and witness names.

3. Act promptly. Waiting can look like acceptance and may limit your options, especially for voidable agreements.

4. Communicate professionally. Give clear, timely notice using the method the contract requires.

5. Consider negotiation. Even when a legal right to cancel is murky, parties often agree to modify timelines, issue partial refunds, or swap services.

6. Avoid making it worse. Don’t keep performing under a contract you intend to challenge unless advised; continued performance can undermine a rescission claim.

7. Get tailored guidance. Small factual differences matter: who said what, when, and how the contract was formed can change the outcome.

   
   

The Bottom Line

• Void = never legally effective; no one can enforce it.

• Voidable = enforceable unless the harmed party chooses to cancel in time and in the proper way.

• There is no blanket right to cancel just because you changed your mind.

  
  

Need help sorting out your options? Schedule a consultation at 317-766-1379 to discuss next steps and timelines. We’ll review your goals and map a practical plan forward.