Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
That was her understanding; but it was communicated via email. We have the emails, but no way of knowing if he signed it, then tore it up, or never signed it. She also has no contract copy and did not initial off on the finance date change that he apparently asked for or wrote on the contract after she signed it.
Since there is evidence that the seller agreed to cancel the contract, as is evidenced in the emails, the seller cannot just rip up the agreement as if it never happened. Further, if the seller made unilateral changes to the contract that you mother did not initial the changes are not valid. Your mom does not owe him anything on a canceled contract unless she agreed in the cancellation document to pay certain charges contained with the cancellation form.
The contract also provides for other ways for a purchaser to cancel a contract.
Can you ask the Realtor to email you a copy so you can have peace of mind?
Does it matter if the email is from mom's agent (who spoke to the seller's agent for confirmation of release by the seller from the contract). We will definitely get a copy of the contract (the property is several hours away from mom's house).
She is also concerned that if she is forced to apply for a loan, it may be approved because she has about $9000 dollars which belong to my brother, in an apparently joint student checking account. She is wondering if she should try to move that money out of her name, but doesn't know how to prove that it is my brother's money. (Perhaps you can't answer that at all though.)
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).