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Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6392
Experience:  20 years professional experience
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I singed a release and cancellation document with 3 clauses;

Customer Question

I singed a release and cancellation document with 3 clauses; cancellation, release liability and return of escrow. the seller did not agree to the refund amount and did not sign. i would like to rescind the cancellation now. they said too late since I already signed it and the agreement of escrow doesn't matter, the contact is cancelled. Are they correct?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Florida
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: not at this time.
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Maverick replied 12 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 12 months ago.

It appears that your release document attempted to modify there terms of the original contract and thus the seller did not sign. While it is difficult to give you an answer without reviewing the documents, it would appear that your release and cancellation is not effective if the seller did not sign it and agree to its terms; which means that both parties would be governed by the original contract terms.

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Expert:  Maverick replied 12 months ago.

I am sending you a proposal for document review also, if you accept that please let me know and I will send to you my email address so that you can send me a copy of the contracts at issue.

Expert:  Maverick replied 12 months ago.

Please see comments in above two screens. I am signing off for the evening but will be back in the morning...

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