If I have buyers remorse, can I void the contract if I didn't have an attorney or didn't know the seller's profit? If not, why is a prenup different?

[Kelley1]

A Prenup is a Written Contract

Is it the duty of courts to enforce written contracts? If I buy an expensive car and have buyer's remorse, can I void the contract if I was not represented by an attorney? Can I void the contract, if the dealer didn't volunteer the complete history of the car, even if didn't ask? Can I void the contract, if I was unaware how much profit the dealer made?

If not, and if it is the duty of courts to enforce written contracts, how can a court justify not enforcing prenuptial agreement that the parties voluntarily agreed to?

Updates

6 mo

The only way prenups will be treated like contracts is if a substantial number of high-value men, whom women want to marry, refuse to marry until they have equal protection in marriage under the law. That is because the government needs new tax slaves, and fewer tax slaves will not be enough to support the government and their programs.

Moreover, the government needs men to support children. When single women have children, the government must supplement the support the children receive.

[HawkPerception]

Don't think GaG is the most reliable place to get accurate information like that. But a quick query into AI gave me this:

The short and direct answer is: No, you generally cannot void a standard contract simply because you have buyer's remorse, you didn't have an attorney, or you didn't know the seller's profit.

Here’s why:

1. The Core Principle of Contract Law: Contracts are designed to be binding promises. The law's primary goal is to enforce agreements to ensure stability in commerce. "Regretting a deal" is not a legal basis to undo it.

2. Elements of a Valid Contract: For a contract to be enforceable, it typically needs:

- Offer and Acceptance
- Consideration (something of value exchanged)
- Mutual Assent (a "meeting of the minds")
- Capacity (being of sound mind and legal age)
The circumstances you described (no attorney, not knowing the seller's profit) do not, on their own, invalidate any of these elements.

3. What Could Void a Contract? To void a contract, you usually need to prove a defect in formation, such as:

- Fraud or Misrepresentation: The seller actively lied or concealed crucial information.
- Duress or Undue Influence: You were forced or coerced into signing.
- Mutual Mistake: Both parties were wrong about a fundamental fact.
- Unconscionability: The terms are so outrageously one-sided and unfair that they "shock the conscience," and you had no meaningful choice. (This is a very high bar).
- Lack of Capacity: You were a minor, intoxicated, or mentally incapacitated.

4. Your Specific Points:

- No Attorney: The law generally presumes you have the right to get an attorney. Choosing not to (or not realizing you should) is usually your responsibility, not a legal defect.
- Didn't Know Seller's Profit: Sellers are not required to disclose their profit margin. You are expected to do your own due diligence or negotiate to a price you find acceptable. Not knowing their profit is not considered a mutual mistake or fraud.

Conclusion on Buyers Remorse: You are expected to do your research and understand what you're buying before you sign. Remorse after the fact is a personal and financial regret, not a legal remedy.

Why is a Prenup Different?
A prenuptial agreement (prenup) is treated with much greater scrutiny by courts for several fundamental reasons rooted in public policy and the unique nature of marriage.

1. Fiduciary Relationship & Confidentiality: Marriage is considered a confidential, fiduciary relationship (the highest standard of trust). Spouses are expected to act in each other's best interest. This is drastically different from an arm's-length business deal between a buyer and seller. Because of this duty, the disclosure requirements are much stricter.

2. Mandatory Full Financial Disclosure: For a prenup to be enforceable, full, fair, and voluntary disclosure of all assets, debts, and income is almost always required. Hiding the value of an asset (like a business or investment portfolio) or a significant debt is fatal to the agreement. The "seller's profit" analogy in a prenup would be like hiding your true net worth, which is grounds for voiding it.

3. Requirement of Independent Counsel: While not an absolute requirement in every state, it is a very strong, strong recommendation, and many courts will be highly suspicious of a prenup signed without each party having their own lawyer. The reasoning is that the interests of two people about to marry are so intertwined and personal that an independent advisor is crucial to ensure fairness and understanding.

- A waiver of counsel is sometimes possible, but it must be knowing and voluntary, and the agreement's terms must not be "unconscionable."

4. Against Public Policy Concerns: The state has a strong interest in the stability of marriage and the financial welfare of spouses (and children). Courts will closely examine prenups to ensure they are not:

- Unconscionable at the time of signing: The terms cannot be grossly unfair, and the less-advantaged party must have had a meaningful opportunity to review and understand it.
- Promoting Divorce: They cannot include incentives for divorce.
- Neglecting Legal Duties: They generally cannot waive the right to child support.

Final Summary: You can't get out of a standard contract because you regret it or weren't savvy. The law expects you to look out for yourself in commercial deals. In contrast, a prenup involves parties who are about to enter a relationship of supreme trust, so the law imposes much higher standards of disclosure, advice, and fairness to protect the more vulnerable party and the integrity of the marital relationship.

[Kelley1]

That is an excellent analysis of contracts and prenups. I understand, those are the excuses (i. e., lies) the courts use to benefit women and/or to void contracts they don't like. However, a contract, short of fraud, etc., should be enforced by the courts. Courts void prenups because they can. Courts don't void business contracts to benefit the public because businesses and corporations have the political power to punish judges if they dare.

[Chazmatazz269]

Prenuptial agreements generally favor women in heterosexual marriages. Every aspect of western law favors women over men. There are about a dozen standard challenges to prenups that get used all the time if enforcing the contract “hurts” the woman. There are hundreds of ways to get prenups broken apart or even completely thrown out. Prenups are ignored more often than they are enforced in whole.
That might change over time as more women become primary breadwinners and hold a lot of assets going into a marriage. More courts are awarding fathers meaningful custody and rarely child support, and about 2% of alimony payments now are made by women to their ex husbands. The culture is changing. So there might be hope for prenup enforcement. Unfortunately, marriage and childbirth rates are at historic lows right now. Marriage might end before there’s meaningful egalitarianism in western court systems.

[RavVid]

A prenup is binding but there are notable cases where it isn't.

In any commercial contract (which a prenup is) if a clause is unconscionable then the clause or the whole contract can be invalidated. It protects cases where one party has more bargaining power than the other. Auto renewal clauses might be invalid for example.

It is skating on thin ice if you say sign the prenup or the wedding won't happen as it can be claimed it was signed under duress and could thrown out. If they are unwilling to sign, then cancel and break up.

Prenups might be invalidated by changes of circumstance like babies etc.

You should always get legal advice before offering marriage of course but it is pretty dumb to marry.

[Kelley1]

Duress is the lie the courts use for prenups but not for other contracts. If I have a leaky roof and rain will cause additional damage, and the contractor states, I am not installing the roof unless you pay the price I asked, and I accept the contract, the court will not void the contract because I was under duress to replace the roof before there was rain.

[RavVid]

Yes. I was actually under that circumstance you described for an apartment building :). An outrageous amount was being demanded as a rainstorm was rolling in. We declined the offer. Fortunately the rain storm split and went around us to the west and east.

There is always an element of duress when one side asks for a prenup since it implies no marriage if the other side doesn't agree to it. With unconscious-ability it is dependent on how easily a judge is shocked.

A marriage is maybe 50+ years so what might have been fair and reasonable 50+ years ago might be quite shocking 50+ years on. A prenup is inherently a very long bet that social values remain the same.

Locally a rich old guy clearly wanted a young nubile wife and picked such a one up in Europe. The woman clearly wanted a rich bastard. With such basic criteria, the marriage only lasted 3 months before she walked out. He died. The prenup was held to be unconscionable when she sued his estate. She got half for a 3 month marriage. They were both clearly using each other, so no poor wounded bird here.

I think if you thinking prenup you should think no marriage and string 'em along. :) Take the pay as you go plan not the pay at the end plan.

[Kelley1]

If you had accepted the offer, you couldn't later void the contract and get your money back. Sometimes, contractors are so busy that they double the bid and still get the job, because other contractors were also too busy. At other times, when there is little work, the larger contractors will cut their price below cost, so they don't have to lay off their employees because the cost of hiring new employees is more expensive.

[RavVid]

I would have been accepting an emergency repair under emergency situations and could not complain even though it was extorting the situation.

I've recovered a total of about $1M but that was for poor workmanship and roof work that wasn't actually done but still charged for :)

Best prices are after Christmas for us because there is a 2-3 week layoff and not everybody has projects booked after that.

[lightbulb27]

To me a contract is a contract. In fact, if I shake hands or we take a knife and cut a slit and shake, it's a contract. it can be verbal as well... although there's a reason things get written down. You know, like when people say "lets get hitched and I promose to love honor and cherish you... eventhough we are both a pain in the A#$", lets get some paperwork make it official before some religious guy whom is probably a deviant and get like 200 witnesses. We'll feed them well to make sure they show up and can testify in case us nut cases get into a fight stressing each other out... so we make a good contract."

Yea, we'll write down the finances in case we can't stand changing enough to deal with each other or tolerate the other so we know how to split it. Ideally, that would be done to the legal parameter of the the state.

But if it ain't... it's still a contract to me and enforce to best of the ability of the judge.

[jjr23]

only time not having lawyer can cost you money or freedom ids talking to police the more you talk the more you dig a bigger hole. as for contracts there's specific laws covering contracts and when canceling them can be done often change of mind is not one. now if there fraud like car dealer gets you to sign then adds or changes copy later and they do try often. prenup is often necessary in todays world , family businesses investment etc now either you both choose a lawyer neither ever used with experience or you each use your own it will save lot of problems in future not always just divorce business fail lawsuit's over accidents any unforeseen problem. now if your both poor not as needed

[Kelley1]

You didn't answer the question, "Why is a prenup different?"

[AviatorTom]

Most states have specific laws that deal with contracts, but only some have specific laws about prenuptial agreements. In those states, it's up to the courts to decide how to handle a prenup, as a contract, as an informal guideline, or as something that has no legal basis.

I'm pretty sure buyer's remorse is not a reason to void a purchase contract, though many states have a 3-day period in which a buyer can void any purchase (there are some exceptions) for any reason.

[slatyb]

Some contracts are simply illegal as they require one party to concede inalienable rights.

For retail contracts, there may be a cooling-off period where the purchaser can change their mind. If goods were sold fraudulently and the seller refuses to give a refund, you can sue them. Knowingly selling goods under false pretenses is a crime. You generally can't void a contract after the cooling-off period because you feel you paid too much.

[Dargil]

Not defending useless prenups. Lawyers always break through them and corrupt judges let them. A contract is an and agreement to exchange of things of value. A prenup is not. A little like a no compete clause in an employment agreement.

[molonski2]

You hit the nail on the head with regard to child support , it's a money making scheme ( job ) for the birth giver.

[Hagar88]

Prenups are difficult. Too often divorce courts treat them as toilet paper.

[Batsy01010101]

That's when you file an appeal or an injunction and have the judge removed and investigated and disbarred. The injunction would be due to prejudice of the court

[888theGreat]

You see the terms before you sign. Only if you were really tricked into signing. if someone used leverage to make you sign it. I think you could get out.

[Miristheiss]

Why are you ending the marriage.

Are you expecting him to get up, fight traffic everyday, work, toil, stress and then keep paying you, an adult, to live?

What are you after?

[msc545]

If you didn't have an attorney, that is a good reason for the court to void the agreement and oversee the construction of a new one, or whatever the court considers a fair remedy.

[Kelley1]

Yes! What you are saying sounds good. If I buy a house without an attorney and the market drops, according to you, a year or more later, I can void the contract and get all my money.

[AgentG111]

Depends on the product and laws of your area.

[TallAnon]

This is highly dependent on your local laws and regulations

[DryGermanGuy]

Ma’am, are you up to something? 🤔

[Iron_Man]

Try the lemon law

[Raydergman26]

Ask a lawyer