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My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
You indicate you signed a contract but that you do not have a signed contract from the other party--would they have a copy of the signed contract? How long ago did the opposing party fail to secure the loan?
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I see. Thank you for clarifying this for me, Brazil. If the other party drafted the form and you signed it, then a court could enforce it even though it was not signed by both parties. Similarly, if you have an unsigned contract and evidence that the parties were performing according to the terms of the agreement, the contract itself can provide evidence of the terms agreed to.It would normally be best to have a copy of the signed agreement which is signed by both parties since an oral agreement is sometimes difficult to prove unless there are e-mails or other writings indicating the terms of the agreement.To answer your question, yes, you could pursue legal action for a refund of your payment to the other party if they were unable to fulfill their obligations under the contract typically. Even if they worked with due diligence and not in bad faith, if they were unable to obtain the loan for which you agreed to pay them, you would normally be entitled to a refund of the funds paid unless the contract states otherwise.The other party could potentially seek payment for the value of their worked performed, limiting the amount of your refund due, but whether such a claim would be successful typically depends on the terms of the agreement you entered into.
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