Property Contract

UPDATED: May 16, 2009

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Property Contract

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 13 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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