QUESTION
How can a promissory note be enforced if I didn''t have a chance to read it before signing it.
Asked on Jun 26th, 2012 on Contracts - Oregon
More details to this question:
It was electronically signed over the phone. The agent didn''t recite the terms to me. And in Section G it states: "I will not sign this Note before reading the entire Note even if I am otherwise advised." and "My signature certifies that I have read, understand, and agree to the terms and conditions of this Note, including the Borrower Certification and Authorization and the Borrower''s Rights and Responsibilities Statement." Again, I never had a chance to read these until after the fact. Thanks.
1 ANSWER
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"Electronic signature over the phone" makes no sense to me. However, if you received money you are still liable for repayment (under the theory of breach of contract or the theory of unjust enrichment, although perhaps not based upon the promissory note itself.)
Answered on Jul 31st, 2012 at 11:47 AM