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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33757
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I in error signed an agreement with a person to sale my home?

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I in error signed an agreement with a person to sale my home? After thinking it through I do not want to sale my home. Can he force me to make this sale? I do not know his name or how to contact him.

David
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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What were the circumstances surrounding you signing the agreement to sell?
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Did you advertise your house for sale?
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Has the person paid you any money as a deposit?
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Did you agree on a price in writing and a date when you would close on the sale?
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How long has it been since you signed the agreement?
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Thanks
Barrister
Customer: replied 3 years ago.

At the time I needed money, but found I have access to what I need.


I do not know his name or how to contact him, but have lived in this house for over forty years. I did sign a sales agreement, but finding out I do not have the money want out of the sale.


 


He did not give me a copy of the contract and I do not know his name or address. Is there any way to avoid this sale?

I need to know whether there was any date set to complete the sale?
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Did he give you any money?
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How long ago was this?
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Thanks
Barrister
Customer: replied 3 years ago.

There was no date set for the sale.


There was no money exchanged.


It was less than two weeks ago.

Ok, in a real estate contract, in order for it to be legally binding, there must be an agreement on the terms of the contract with enough detail so that it is understood what the parties intended. If there is no closing date, then this contract would likely be unenforceable because there is no set time for performance. There is no way to know whether it was supposed to close in 20 days or 20 years. Further, for a real estate contract to be enforceable, something of value must be exchanged. Typically this is some type of deposit money.
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So considering the fact that no money was exchanged and there is no set time for performance under the agreement, I would opine that if you refused to sell and the other party sued, the court would find the agreement unenforceable. Another element is time, so the longer this goes without any contact, the stronger the argument that it is unenforceable.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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