Legal Question in Real Estate Law in Virginia

Purchase agreement signed by fiance, not me!

My fiance signed my name and my name only (without my knowledge or

consent) on an agreement to purchase a home in northern Virignia. I had no

intention of ever purchasing this home as it was way out of our price range. I

only found out he had done this when we received a notice that we were

being sued by the home owner for $15,000. My fiance did not keep a copy of

this contract, so I now have no idea why we are being sued for this money

(breach of contract, damages???). He claims that he signed my name in front

of the home owner so the home owner knows that I did not sign the

agreement myself. I am not sure I believe him. My fiance sent an e-mail to

the home owner reminding him that he signed the agreement, not me, so

whatever money he is seeking should be from him only and not from me, but

the home owner has not replied. I am very nervous now that I am going to be

on the line for this money (which I do not have), when I never signed or

agreed to or even knew about this purchase contract. What can I do to

remedy this situation (besides losing the fiance!)? Thanks for your advice!


Asked on 1/24/06, 9:29 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Purchase agreement signed by fiance, not me!

You will have to defend the lawsuit (get a lawyer - don't try to do it yourself), and testify that the signature is not yours and that you did not authorize it. You can show examples of your real signature to show the differences, and maybe use a handwriting expert to testify to the differences. If there is no copy of the contract attached to the lawsuit, you can request one in discovery (you will have to remove the case to circuit court to do this, unless it was filed there), or you can "crave oyer" of it in either court. But whatever you do, get a lawyer -- your own lawyer, not the same one represnting your (ex?)-fiance.

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Answered on 1/24/06, 9:35 am


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