void a contract

[Jersey Girl]

What is the name of your state? nj
I have a question? Can a contract for sale of our property become null and void if my spouses signature was not signed by him? The buyers agent said that he didn't have to sign it personally?

[Ellerge]

Who has title to your house? If both you and your husband are owners, he MUST sign - unless you have a power of attorney.

[Bigfoot]

Your question sounds simple, but presents a troublesome scenario. Who signed (forged) your husband's signature?

You have a legally binding document. If your husband is unwilling to sell then this deal will not close. If you have a Selling Realtor, this person may be sued for fraud, as well as yourself.

The Buyers Realtor, by having knowledge and offering legal advice (practicing law without a license), is also liable. Hopefully you have a Buyer who will walk away and not sue.

[Jersey Girl]

We both are named on the title for our home. I signed my spouses name because my husband was working and the buyers agent came to my job to get the contract signed .I do not have power of attorney for my spouse.I thought that it was legal because the buying agent This was the only way for this contract to knock out the other contract we had on the house which was in day three of attorney review. The buyers agent knew full well what he was doing. Also then threw in at the last minute that they needed to sell their house first.

[Bigfoot]

I'm sorry all of this has been happening to you.

When they threw in that their purchase is contigent on selling an existing home, this is a material fact which likely would have caused you to not accept the contract had you known.

Was the first contract a good deal? You may want to 'shed a few crocodile tears' and try to get the first contract back. Some attorneys can be slow in their dealings, because they may be waiting for info from others in order to properly respond.

Selling a home to satisfy a contigency could take a lot longer for the 2nd offer, than the 3 days spent so far in reviewing the first one.

[Jersey Girl]

This whole experience has been a nightmare. My lawyer has served them with a letter today stating that if we do not close by Sept.25th the contract will be Null & Void without us being in breech. We have been patient long enough and my lawyer feels that 10 weeks passed the closing date is more than enough time to clear up any issues that exsist.
Thanks for the response

[Jersey Girl]

The first contract we had on it was over 3 months ago and I don't even know if those people are still in the market for a house. After this whole ordeal I am just going to buck up and pay the high bills here I cannot go threw this again.