Log in

View Full Version : Is contact void if our names are spelt wrong?


headache11
Jul 19, 2012, 02:05 AM
My partner and I went to a house and we were rushed into making a offer as first home buyers we were conned..

Covering up the top saying contact we signed a offer to a house on the day we looked at it.

Further more the lady didn't clarify the deposit after asking us our deposit for the loan we said 20,000 and she wrote in that we were giving them a 20,000 deposit with in 7 days!

Further more there was no area to add conditions of buy thus why we thought it was just a offer... so we verbalized some things to her and she said she would add those at a later date but don't worry about the fence or door being broken that's already getting sorted(later we are informed that should have been put in contact)

The contact is full of scratched out things and resigned things it looks like a rats nest

There have been things added in a different pen and different hand writing with out our signing

On a second viewing there was also clear water damage in the second bedroom that had been replaced the realestate lady said oh I don't know you will have to ask the owners... isn't that her job?


And our names are spelt wrong...

We are wanting out after also discovering that the seller real estate man and the buyers real estate lady are man a wife... when they came to try and get us to fix the contract acting hostel and saying they had other buyers

So we sent in a text saying we wanted out and they are saying we need a lawyer...


Isn't the contract void because the names are spelt wrong and because we didn't sign a changing contract?

ScottGem
Jul 19, 2012, 03:51 AM
No spelling errors do not void a contract. But such a contract usually comes with a right of rescission. So read it carefully.

Also do not text a cancellation send them a certified letter stating that you have decided to cancel. Let them try to enforce this by suing you. I think they are just trying to intimidate you.

A valid contract requires something on both parties. Until you paid the $20K the contract was not in force.

Fr_Chuck
Jul 19, 2012, 04:49 AM
First where is this, in the US, almost all states require a standard form to be used. And it does have a large spot for all sorts of things, like home inspections and more.

Also if things are "crossed out" but not initialed this is a large issue.

I would say that many of the other errors, ( but not the spelling) may allow a contract to be voided. Also have you given any money at all on the home ? Many contracts are not valid until some money changes hands.

But I agree send a certified letter and a copy regular mail stating you have cancelled the agreement.

AK lawyer
Jul 19, 2012, 04:58 AM
...
there have been things added in a different pen and different hand writing with out our signing ...

If the contract you signed has been modified without your consent, those modifications are not valid without your approval. If, in total, they significantly modify the contract, it may make the contract invalid.


No spelling errors do not void a contract. But such a contract usually comes with a right of rescission. ...

There is usually not a right of recission unless stated in the contract.


...A valid contract requires something on both parties. Until you paid the $20K the contract was not in force.

Generally incorrect. It requires consideration from both sides. A payment, such as a deposit can constitute consideration, but more often a mere promise will be sufficient.

Big mistake to not read a contract before you sign it.

OP should definitely bring the contract to an attorney to see if he/she can get out of it.

ScottGem
Jul 19, 2012, 05:42 AM
Generally incorrect. It requires consideration from both sides. A payment, such as a deposit can constitute consideration, but more often a mere promise will be sufficient.

Big mistake to not read a contract before you sign it.

OP should definitely bring the contract to an attorney to see if he/she can get out of it.

Yes Consideration is the word I was grasping for and it didn't come to me at 6:51 in the AM ;)

But I disagree that a court would enforce this contract if the $20K was not paid. Also, this sounds like it was a boilerplate contract that they marked up. Such a contract is likely to have a right of rescission.