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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
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Experience:  25 years of experience in general practice, real estate law and estate law.
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My mom signed a contract on a house on a Sunday afternoon,

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My mom signed a contract on a house on a Sunday afternoon, then called back on Monday morning to cancel the contract (after doing financial research and realizing that after various fees/interest it was an unwise financial decision.) The seller, through his agent, agreed to cancel the contract and my mom was sent, and then sent back and contract cancel form through her agent. Today (a week later) the seller is now demanding that she keep the contract and threatening to take her to court or to make her pay certain costs if someone else buys the property. Is there anything she can do? She never received a copy of the contract and there is an issue with dates that the seller may have changed regarding financing.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.
Hello and thank you for your question.

Just to clarify, both parties signed the cancellation form?
Customer: replied 1 year ago.

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.

Expert:  Attyadvisor replied 1 year ago.


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?

Customer: replied 1 year ago.

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.)

Expert:  Attyadvisor replied 1 year ago.
The email between the agents is evidence that an agreement was reached.

If the income in the account is your brother's student loan money this should not be included as income to your mom. Your mom may want to remove herself from the account until this matter is resolved.

Filing a lawsuit takes time and money; I doubt the seller really wants to take this action.

Try not to worry the seller is just irritated and needs to move on.

If you obtain a copy of the contract and have any additional questions for me please feel free to come back to this question at anytime to ask me follow up questions.

I hope the information I provided has been helpful.

Thank you for using JA!.

If you would be so kind as to rate my service I would be most appreciative.

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3795
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 4 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 1 year ago.
Thank you.

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25 years of experience in general practice, real estate law and estate law.