Re: contract impropriorities

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On 10/24/06, frank michael wrote:
> After entering into a real estate contract, which was
> deemed "executed" by only my signature, Seller refuses to
> return deposit monies, based on not receiving Buyer's
> Right to Cancel letter 15 days after contract signing.
> After submiting to my oversight, I discovered that my copy
> of the original agreement,and that of the fully signed
> Seller's agreement,had my initials forged in different
> areas of the contract. My question: Is this contract
> still legal and in effect even though some initials, which
> are meant to accept and confirm, are forged? or does
> forgery only apply to a full signature?

Frank Michael

Looking at this fact pattern. I would say the contract is
still in effect. The contract can not be resinded
unilaterally by one party. All contracts can only be
resinded by the court or with expressed agreement of BOTH
parties. All contracts are based on one Rule: Intent of the
parties. This means the contract can have words or
provisions that will not be honored because there did not
reflex the "intent" of the parties.

In order to have a voided contract or voidable contract
there must be some "material breach". This is a breach that
totally destroyes the root meaning of the contract. Here
this breach of 15 day letter is simply a unsubstantial
breach. There is a axiom in Law. Let the Contract be
saved. A court will look to save the contract and not pull
the rug out from under the parties for some minor
infraction.

You can also use the defence of mistake. A person is
allowed to make mistakes and if he corrects them good the
contract remains. A party can not "snap up" or declare the
contract void over a simple mistake.

Fraud is the intentional misleading. A signature is simply
a distinguishable "mark". Not the full name. Intials are
signatures as well as company symbol on a letter head. An X
can be used as a "distinguishing mark". If you can show it
was not your INTENT to intial and you did not intial then
this is Fraud.

Go for Specific Performace of the contract and hold the
other party in Breach of his obligation in not vacating the
property.
Res ispa Loquitur.