Legal Question in Real Estate Law in Maryland
falsification of sales contract
Someone signed my name to an addendum for the sales contract of my home. My agent knows that I would have never agreed to the terms of this addendum, yet the contract was ratified before I saw this added addendum. The sale is not proceeding as planned and I would like to know if I have any recourse on this matter. I have already purchased another home and need to sell my home by the end of February, therefore I cannot waste much time with any legal matters that may delay the sale of my home. I suspect that my agent is the one that signed my name; if it wasn't her, it must have been the buyer's agent. If the buyer does back out of the contract, I would like to either change agents or try to sell my home on my own, without having to worry about giving my current agent any commission, should I receive a bid from a buyer that originally came through when she was my agent.
1 Answer from Attorneys
Re: falsification of sales contract
Your potential obligation lies with the sales contract and what was done by the agent to perform upon that contract. I'd need to see the contract. Performance under contract by the agent is compensable.
In order to be effective, your signature is required for the sale of property where the addendum was submitted in response to a buyer's counter offer. If you did not sign the addendum then there is no valid contract for the sale of real property with the addendum included. You may invalidate the contract of sale.
As to your February purchase once again it depends upon the contract. Provisions within your real property buying agreement should be reviewed. Properly drafted, a contingent agreement to purchase property is effective upon the dates as set within.
I need to see the contracts as to enforceability and damages. Fax the contracts to my fax number listed at Lawguru.com.
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