Legal Question in Business Law in Texas
Contracts
I filled out and signed a contract to loan an individual $35,000. The borrower changed the terms in the contract with out agreement from myself (the lender). The borrower received the money before I received the changed terms in the contract that I did not agree to.
Is my original terms the legally binding contract agreement since the borrower took the money, chnged the terms and signed the contract without me agreeing to the change in terms?
3 Answers from Attorneys
Re: Contracts
This is a mess. You will have to prove that you did not know about the new terms before you funded. If you are still speaking with the borrower, you should hire counsel to negotiate a mutually agreeable settlement on the terms.
Re: Contracts
It depends on what is in the contract but most likely the earlier terms would apply. You'll need to get this situation cleared up ASAP.
Re: Contracts
No, its not. When your borrower changed the terms of the contract, that was his rejection of the original contract. In turn, you rejected the contract he sent back to you with the revised terms. Hence, he has your $35,000 and you have no contract. Sorry, but perhaps you should have asked for some advice beforehand.
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