We have closed on our house and since then my fiancee & I have found major problems with the house that we were not aware of when were buying, My realtor thought it would be helpful to forge my name to the contract when putting the offer in on the house since I wasn't able to get away, and I want out of this house, can I do that since technically I didn't sign the contract. PLease help me in any way you can!!
2007-07-09 03:29:43 · 10 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
I would guess if the Realtor forged your signature on the contract she could get in trouble with the law.
If she forged your signature on the closing documents then she and the notary and several other people probably committed bank fraud and could go to jail. It could be that your fiancee also would be involved.
If on the other hand you signed your own name on the closing documents then any signature on a contract of sale is much less important. You would be obligated to what you signed at closing.
You may be able to file a lawsuit for the major problems. In most states a seller is required to disclose any problems they are aware of and in Texas the buyer can recover triple damages in such a lawsuit. I have seen sellers forced to repurchase the home.
2007-07-09 03:41:44 · answer #1 · answered by glenn 7 · 0⤊ 0⤋
Your real estate agent may have forged your name on the offer, but if you closed that means you signed all the other documents, and you did this after the incident of her forging your signature. That is very broad, legal proof that you agreed with what she did. You probably had a case to invalidate the agreement prior to closing, but when you closed, any legal out went away.
You do have two options though. Real Estate law does provide requirements that the seller, and the real estate agent, disclose to you all problems with the property of a significant value, that if you had known about it before hand, would have effected your purchase decision. So if the seller said everything was fine, then you found out there were serious problems with the foundation which the seller knew about, you could take them to court for damages, and in a very few cases, have the transaction invalidated.
Although, if the seller was selling it to you as a "fixer" and you acknowledged the property needed work, then that is not an option.
Second option is the realtor's actions are violations of the ethical code of conduct. You can make complaints to the Head Broker of the real estate office, the Realtors organization, and the state department that oversees real estate licensing. This penalizes the real estate agent, but doesn't help you with the house.
Good Luck
2007-07-09 10:45:02 · answer #2 · answered by rlloydevans 4 · 0⤊ 0⤋
Did you say the realtor forged your signature on the offer. You knew about the fact that the signature was forged, but you still closed the deal?
Forgery is a crime. You should contact the police.
Regarding the house, you may have some problem. Since you aware of the forgery, but you still go ahead with the deal. You are considered as affirming the contract. I think you better consult a lawyer.
Some problems in the house could be visible, some are not. If the problems are visible, you may have to live with it. If the problems are invisible, then it would depend on the problem. Some problems are curable, some are not. If the problems are minor and curable, the most you can get is compensation. If the problems are serious like roof leaking, structural and foundation unstable, then the problems are serious. If that was the case, you would have to contact a lawyer to see what he could do about it.
The realtor's responsible is to tell you everything he knows about the house. If you think he knew something material to the deal but failed to disclose it to you, It is actionable. Without knowing what really happened to you, it is very difficult to tell you exactly what to do. So, consult a lawyer would be my best advise.
2007-07-09 10:43:19 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Did you obtain a home inspection prior to closing? If not, you need to look at the disclosures. Did the seller disclose the defects? Should they have known about them?
It is highly unlikely that you can get out of this deal because you didn't sign the offer. You were at the closing table, and that commits you to the purchase. The Realtor will be subject to sanctions for forging your signature on the offer, but that is a separate issue.
You can hire a RE attorney to review the contract, any inspections and disclosures that you have available. That is the only recourse I know of that you have in this situation.
2007-07-09 10:53:54 · answer #4 · answered by godged 7 · 1⤊ 0⤋
Go get a good real estate lawyer.
You might be able to get out, you might not. But if you have major problems in the house, it might cost you $20,000, or $40,000, or $60,000 to repair them. The lawyer might cost you $1000, or $2000, or $5000. Which is the best way to deal with this?
If you chose the lawyer, you're wrong. The best way to deal with this would have been to hire a qualified home inspector to look at the house, and to have a clause in the offer to buy that lets you back out of the deal if you didn't like what the inspector found. This inspection would have cost you $300-500, maybe. I know using one saved me a real bundle on a house we were looking at, for the same reason. If you don't get saddled with this house, use an inspector on the next one.
And use another realtor, too. This one is not worth a spit, in my opinion.
2007-07-09 10:39:17 · answer #5 · answered by Ralfcoder 7 · 0⤊ 0⤋
The first thing to ask is were you awar your realtor signed for you, if so be careful about what you say. You found faults with the house after you bought it, did you not get an engineer to look at the house to make sure it was in good order. The old adage "buyer beware" in other works check it out before buying. But also the person who sold it to you should have let you know if there was something major wrong. Sorry
2007-07-09 10:38:56 · answer #6 · answered by docfourteen 1 · 0⤊ 0⤋
Even if the realtor forged your signature on the offer, you had to have signed the closing documents in person. This legally obligates you. Your only option now is to sell the home.
2007-07-09 10:39:03 · answer #7 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Most Real Estate Purchase Contracts have sections that address plumbing wiring and structure problems. If you are having problems with any of those, you definitely should be entitled to some sort of reimbursement. Also if you can prove that the previous owners knew about the problem and did not disclose it to you, you have a case there.
2007-07-09 14:09:05 · answer #8 · answered by itsmetibbs 2 · 0⤊ 0⤋
Did you pay for an up front home inspection? That's required in some states. Go back to your realtor and tell them. You might also go see an attorney.
2007-07-09 11:35:50 · answer #9 · answered by jdkilp 7 · 0⤊ 0⤋
Those types if laws vary from state to state, but if you really did not sign the contract, you can def get out, and prob sue the real estate company as well. as long as you did not give them Power of Attorney...
2007-07-09 10:39:23 · answer #10 · answered by RSbear007 2 · 0⤊ 0⤋