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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33166
Experience:  JD, BBA Over 25 years legal and business experience.
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I paid someone 50k to secure a loan for a house. I signed the

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I paid someone 50k to secure a loan for a house. I signed the contract that stated the details. The job was not done in the time frame and the house was sold. I want my money back. I do not have a signed contract from the other party. Can I still get my money back in court?

Hello and welcome.

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?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.
Hi Tina
The party on the other end did not sign the contract. I spoke to the gentleman today and he said he was going to fax over a copy this afternoon. The loan should have been completed July 1st.

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.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina and 4 other Legal Specialists are ready to help you

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

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Thanks again and all the best to you.

Tina

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