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Hi,I have recently signed a contract to buy a house (already built) from a builder (the house is in Colorado). On the contract, they listed the price of the house at $10,000 less than the advertised price. I signed the document, and it had already been signed by the “Sales Agent”. There are no other empty signature lines on the document (and I have a copy of this). Now, they are saying that they made a mistake and want me to sign new pages with the additional $10,000 on it. Do I have a legal right to hold them to the original contract?
Asked on May 16, 2009 under Real Estate Law, Colorado
J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Contracts for real estate must be in writing an signed by both parties. A contract may be voided if there is a mutual mistake. In your case, I believe that you truly believed the purchase price was 10K less than what the sellers now want. Therefore, the fact that they are now saying the price is more after the fact is BS! they should be held to the 4 corners of the contract. If they really believed it was a mistake, it should have come up much earlier. I would force them to the original contract. You have the right to say that the deal for the 10K is what made you sign the contract and go forward with the deal and now they are trying to take advantage of after they purportedly read and signe the original deal. You can enforce your rights here. Get a lawyer.