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I sold a business on 11/1 that I have poured all my energy & heart into for 10 years. It was an integral part of my community and family. I listed w/a realtor who did bring a few parties but no buyer. I listed on Craig's list w/my realtor info and was approached by a woman and her family. She said she had a 'financial partner'. I liked her, I did not like the 'partner' at all. The sale proceeded and I fulfilled all my obligations happily.

The realtor acted as a dual agent. She was aware of my feelings for the partner. I signed the papers first. I rcvd the papers and didn't open them thinking I knew what they said... I opened them just a couple weeks ago and found that the sale was to the 'partner' only! I contacted the realtor and she said they had called the woman and requested an email authorizing this change but she never contacted me and made the change w/my signature already on the contract.

I believe the realtor was just interested in her 10% & I want that $.

2007-12-28 11:21:58 · 9 answers · asked by kbaymama 1 in Politics & Government Law & Ethics

9 answers

Let me get this straight, you are upset because they changes the name of the purchaser? So then they did not change any of your information, and you got all of the money that you agreed upon and you are concerned because you don't like the partner. Obviously it is illegal for them to make any changes or alterations to the contract once you have signed it. The fact that they did so makes the contract null, however I don't understand why you would be receiving any more money. If anything. The whole sale would be canceled out and you would be back at square one trying to sell your business. Please give more details and I will try to help.

2007-12-28 11:29:40 · answer #1 · answered by begood1977 4 · 0 0

The answer to you question: can a contract be signed, then changed without notice given to the signed party? Yes, it happens all the time! but, it is illegal!!! There is the burden of proof: you must prove your claim, otherwise, you will be an even bigger loser.

If the real estate agent made the change for self-serving purpose, or to benefit another party of the transaction, it is, probably in most states, also fraud; and, that means, to the regret of the agent's insurance underwriter, punitive damages which could amount to a lot more than the agent's commission. If there is a high probability of you proving your claim in court; it would certainly enhance the amount of any serious offer to settle.

2007-12-28 11:48:58 · answer #2 · answered by Bwana 3 · 1 0

If a third party made a change to the contract after you signed it, then you can sue for fraud and breach of contract, just to name two -- and that depends on what your contract with the real estate agent says also. However, it seems to me that regardless of who got the business, you sold it and even though you didn't like the partner guy, it would be hard to prove actual damages. Contact a real estate lawyer to find out what your options are.

2007-12-28 11:25:57 · answer #3 · answered by Hillary 6 · 0 0

The sale was subject to contract. Take another lawyer to look into the proceedings. They may be liable to you plus expense.

2007-12-28 11:26:28 · answer #4 · answered by Anonymous · 0 0

No, it's clearly illegal.

An agent cannot change a signed document after the principal has signed. To do so is a crime.

Richard

2007-12-28 11:25:04 · answer #5 · answered by rickinnocal 7 · 1 0

It is not legal to alter a contract after signingit without obtaining the consent of the other party(s). Any contract.

2007-12-28 11:24:38 · answer #6 · answered by Anonymous · 2 0

You should move on. Your not going to get the 10%. If you got the amount you wanted then forget who it was sold to. You sold a business, Not your heart & soul. You still have that and the money.

2007-12-28 11:27:09 · answer #7 · answered by CHUCK 4 · 0 1

Talk with a lawyer - you do I hope have a copy of the origional signed papers.

2007-12-28 11:26:39 · answer #8 · answered by D S 4 · 1 0

No, it's not legal!

2007-12-28 11:28:19 · answer #9 · answered by No1CDAtty 1 · 0 0

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