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N Cal Attorney
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I signed my husband's name on a contract for the purchase of

Customer Question

I signed my husband's name on a contract for the purchase of a new home. Is that contract legal and binding?
Submitted: 1 month ago.
Category: Legal
Expert:  ulysses101 replied 1 month ago.

Hello and thank you for the question.

What province are you in

Why is this now an issue with the real estate contract? Is your husband saying that he didn't want into the contract?

Customer: replied 1 month ago.
I am in Texas.It is an issue now because the builder just revealed to me yesterday that there was a clause in the contract that says "no investors" . I told them the day I wanted to purchase the home, before signing a contract that I was an investor and would be using a 1031 exchange to purchase the property. Their sales person as well as their financing company both got an approval from the Division President. So, I was verbally assured that it was okay.
I signed a lengthy contract (over 20 pages) and did not read every paragraph. Yesterday (4 months after signing it) they sent me a copy and pointed out the fact that there was a paragraph in it that said "No Investors" that carried a substantial daily penalty for 2 years after possession. I signed my name as well as my husband's name to that contract at the advice of their sales rep, because my husband was not available. He is a pilot and was out of the county.
As a Realtor, I always go over a contract and point out basically what my client is signing. This was never done with me. Each page was not initialed either.
Is this contract legally binding?
Customer: replied 1 month ago.
Being from Canada, are you familiar with the laws in Texas and the United States.
Expert:  ulysses101 replied 1 month ago.

Sorry, I'm not an expert in US law. I'll ask the site to move your question to a more appropriate category. No need to reply to me. Please be patient.

Expert:  LawTalk replied 1 month ago.

Good afternoon Mary Beth,

New Professional here. I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. I have been a US based, licensed attorney for more than 30 years.

When you signed your husband's name to the sale contract for property you in effect committed a crime of forgery under Texas law. I will presume that you signed your name as well, and you only signed for your husband as an expedience measure.

While the contract is certainly enforceable against you, if you do not go through with the purchase, your husband could legally argue that he did not sign the contract and when he was able to prove that the signature was not his, he could not be legally held to the contract.

However, if you have any evidence that the sales rep and the financing company both told you that there would be no problem with you buying the property as an investor, and that you would not be penalized for having done so, then you may be able to either have that penalty provision struck from the contract, or perhaps void the entire contact based on an argument that there was fraud in the inducement---meaning they lied to you about the nature of the agreement and led you to believe something different from what was in the contract.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 1 month ago.

Hi,

Is there anything else I can assist you with today?

Doug

Expert:  LawTalk replied 1 month ago.

Good morning,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service, It is greatly appreciated,

Doug

Customer: replied 28 days ago.
From: mrs Mary ******
Email: *******************
Phone: **************
*****************************
*********************************
Subject: DTPT********** Homes and their employees (President, sales, representative and lender) verbally agreed to let me purchase a home in an new subdivision with a 1031 exchange and had me sign a contract to the contrary knowing that "no investor purchases" purchases were allowed, We have agreed that this transaction cannot take place. The builder will NOT refund my money when they approved the purchase. I believe this falls under the DTPA as well as Promissory Estoppel and want justice. Can you represent me?
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: Texas July 11, 2016
JA: Has anything been filed or reported?
Customer: Notr yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: The President, Billy ******, agreed that we cannot move forward with the purchase but has not agreed to refund my money.
Expert:  LawTalk replied 28 days ago.

Good evening,

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug

Expert:  N Cal Attorney replied 28 days ago.

New Expert here.

We are not allowed to represent you, but you can get a free consultation from some of the Texas real estate attorneys listed by location here.

My opinion is that you can nullify the contract because they lied to you to get you to sign it.

Please follow up on this with a local attorney.

I hope this information is helpful.