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Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24869
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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we are sellers. Due to wrong tax id no. on sales contract written

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we are sellers. Due to wrong tax id no. on sales contract written by realestate agent, ... appraisers and mortgage was based on more acreage than was for sale with house, now our realestate agent says we have to go thru with contract and give up 8 additional acres because it is on the sales contract. the parsel for sale is a spit of 2.25 acres and is not assigned a tax id til sold, so says our zoning administrator. we went thru all proper steps to get approval and submitted to register of deeds 2 years ago. we caught the error during closing but did not finish signing and did not accept money.
Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.

In your listing agreement with the real estate agent - is it correctly spelled out as to what you wanted to sell and now, the sales/purchase agreement different than the listing agreement?
Customer: replied 3 years ago.

I believe the listing agreement says southeast corner of section 7 town 33 north range 7 west. but it does not say how many acres. it also does not say parcel A which is the 2.25 acres, but the survey was submitted which clearly showed the Parcel A as 2.25 acres. The buyers thought they were purchasing 2.25 acres, but unknown to either buyers and sellers when paperwork submitted , wrong tax id (10 acre)was sent. they want to offer us a lifetime lease on 8 acres, we do not agree. Th realestate agent says the sales agreement has the tax id on it, but I do not see it on the listing agreement

Then there is "mutual mistake" in the agreement as compared to a "unilateral mistake".

Mutual Mistake - When there is a mutual Mistake of Fact with respect to the subject of the contract, the subjective intention of the parties is evaluated by the courts to determine whether there had been, in fact, a meeting of the minds of the parties.
If the mutual mistake significantly changed the subject matter of the contract, a court will refuse to enforce the contract. If, however, the difference in the subject matter of the contract concerned some incidental quality that has no (or negligible) effect on the value of the contract, the contract is binding, even though the mistake altered or removed what had been the incentive to one or both parties to enter the contract.

Unilateral Mistake Ordinarily, a unilateral mistake (i.e., an error made by one party) affords no basis for avoiding a contract, but a contract that contains a typographical error may be corrected. A contract may be avoided if the error in value in what is to be exchanged is substantial, or if the mistake is caused by or known to the other party. Unilateral mistakes frequently occur where a contractor submits an erroneous bid for a Public Contract. Where such a bid is accepted, the contractor will be permitted to avoid the contract only if the agreement has not been executed or if the other party can be placed in the position that they occupied prior to the contract. If the mistake is obvious, the contract will not be enforced, but if it is inconsequential, the contract will be upheld. The mistake must consist of a clerical error or a mistake in computation, as an error in judgment will not permit a contractor to avoid a contract.

This contract is voidable.

DO NOT listen to your real estate agent - they have an interest in their real estate commission. They have a conflict of interest in receiving their real estate commission as compared to doing the right thing in this.

Your situation is clearly a mutual mistake and the contract "voidable".

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