Regarding a Colorado Real Estate
Buy/Sell Transaction between father/Seller and son/Buyer.
The Buyer/Son elects to use a Quit Claim deed to purchase property from Seller/father, and at closing tenders $25,000 to Seller/father. Several weeks later, after Son has fixed up the property, the Son takes his contract & Q/C Deed to the Title Company, and they determine that the Quit Claim Deed was invalid for 2 reasons:
1. The Deed was never Notarized.
2. The Deed was never Recorded.
The Buyer/Son deliberately never filed the Quit Claim Deed (for his own personal reasons.)
My question: Did the Buyer/Son breach the Colorado Real Estate Contract?
When the father found out that he was still the owner - he listed the house with Keller Williams, closed the transaction at 1st American Title Co. (same title company the son went to earlier) and conveyed good title, and wants to give the son the $25,000 back. The son refuses to accept the money. Claiming the 1st contract was valid and the house was his.
Who's right and Who's wrong?