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Marsha411JD
Marsha411JD, Lawyer
Category: FL Real Estate
Satisfied Customers: 15
Experience:  Licensed Attorney with 29 yrs. exp in Real Estate Law
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If a real estate sale contract was signed on May 5th and the

Customer Question

If a real estate sale contract was signed on May 5th and the attorney for the buyer, filed suit vs me for a breach in that contract ,
1. did not buyers also breach by not process serving me or my brother ( co- owner) within the times described in the standard FARBAR i.e ., FL real-estate for sale contract? Or does it not matter, when we saw it ...considering it was signed on may 5?
2. My brother's attorney is not my attorney, am I process served if my brother's atty. accepts service?fyi: I never saw the contract after signing it. My Realtor hid it from us. My brother never saw it till September. We were tricked by my Realtor, he didn't explain what i had signed & its legal consequences. I trusted my Realtor but he was fraudulently acting , helping representing the buyers as their Realtor .. all while being my Realtor simultaneously. .This considering my brothers attorney received the process service on August 17th & it sat in my brothers attorneys office while my brother's atty. was-on vacation . Then in Sept 15 my brother went to court, filing an Answer to the complaint (1st noticing then that his name was forged) .
Submitted: 9 months ago.
Category: FL Real Estate
Expert:  PhillipsEsq replied 9 months ago.

I am sorry, but I am having trouble understanding your post.

Kindly review, edit, properly identify the parties and the issues, and resubmit.

Thank you for your cooperation.

Customer: replied 9 months ago.
i started to rewrite, but it is very complex citing the parties & their false statements, fraud conspiring with one anther as attorneys , and a Realtor, so how about this :
If the seller of a home was not served a subpoena ( from the buyer a MR L’s atty. a mr BA Esq. ) within the timeliness set forth in the FARBA aka ( a Florida Realtor's 1. Assoc. & Florida Bar Assoc approved AS IS realty sales contract ) does said contract aka FARBAR expire if one or both parties ( buyer -or--Seller) ? Or if both did not perform expeditiously, according to the contracts language deadline ie the dates set forth within said agreement, ie must not said contract be null & void? Or is it , the parties may sue one or the other, for breach of contract gain financially & even if both parties breached said farbar?
Expert:  PhillipsEsq replied 9 months ago.

Thank you for the information. However, I still do not understand your post or your questions.

You are asking compound questions. You need to separate the questions so that I can properly respond to each.

Thank you for your cooperation.

Customer: replied 9 months ago.
I am deaf I cant understand much , I need advice from others always. If I signed a for sale of real estate contract on 5/5/09; one that my Realtor put in front of me , (I was unaware my mortgage was not made known) when someone possibly the Realtor's assistant did not place in the FARBAR contract that there was an existing mortgage on the home) in that contract, (but the Realtor was well advised , there was an existing mortgage on the home) 5 months later, I was process served, regarding a breach of contract , regarding the same said contract. The petitioner's complaint surrounded around my breaching said contract , due to not advising that there was a mortgage. . FYI my brother never signed said contract (he owned 50% via a quitclaim deed e-filed in 2001 ) My question is, if I was served well after the deadline dates in the FARBAR such as performance in 5 or 10 or 30 days or 120 days , how can I be sued when I was unaware , I had no idea what I signed? Again if time passed, before I was given a copy of said contract via the court & via the motion the buyers atty filed vs me , only process served at my brothers atty's office, who is not my atty. The buyer breached 23 times. The Realtor made the error, by not adding the mortgagor info. in said contract.
I'm blinded by the fact I didn't know what I signed, the Realtor made the error , the buyers breached 23 times. The buyers atty's motion also was forcing me to cure the quitclaim. But the SOL's ran.. self curing the quitclaim , at the time 5.5.09 ...by time passage i..e, 9 years per FS95.031 . Can you Phillip explain a course of action , i can write to the FL bar per these acts?
Expert:  PhillipsEsq replied 9 months ago.

Thank you for the information. I still do not have complete understanding of what has transpired. So, I will opt out and give another Attorney the opportunity to further assist you.

Expert:  Irwin Law replied 9 months ago.

Hello. Another expert here. I must advise you that I think your situation is much too complicated for us to be of any help to you. It is very clear to me, as an experienced foreclosure attorney, that you need the services of a local foreclosure lawyer who can examine the entire file and advise you what Your rights are at this point.

Customer: replied 9 months ago.
Ill try to simplify without history behind the question. If a brother & sister gained ownership from a parent ie of a home via a quit claim deed. 9 years later, the sister signed a for sale of real estate contract AS IS. But the brother's signature was forged, & the brother was not in the US for months surrounding the sale activities . the brother did not see said contract , nor had the sisters Realtor communicate or give a copy of the contract to the brother. said Realtor did not leave a copy of the contract with the deaf disabled unsound person -sister. The Realtor faxed a copy of the sisters signature & forgery of the brothers signature immediately to the buyers atty's office ( fax banner shows this) soon after, The buyers atty via unclean hands, sued both brother & sister , naming both brother & sister as defendants on said petitioner atty's complaint. . If the brother's attorneys office, asked for and accepted service of the suit 4 months later .....via the brothers atty. Ken Esq .& specifically to this question ... this atty Ken Esq did not represent the sister, and this Ken esq's office was the only place of the process service ... so then , was the sister served legally., within a reasonable time period?

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