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My friend might be getting screwed

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DapGuyV2

New member
I have a friend who is in the process of getting divorced. Her Husband is trying to get her to sign a document related to the purchase of a property. He tells her that it is a document related to changing the property into his name, but it appears that he is trying to get her to co-sign a loan making her jointly responsible for the life of the contract. Please give me your opinion on whether or not she should sign the document and if it seems that she would be liable. Thank you in advance.

-------------Document text----------------

SALE OF REAL ESTATE NOMINATION FORM
Relating to a Contract between:
VENDOR: BATTEN ROAD Pw LTD (ACN {26 747 993}
PURCHASER: Husband and Wife’s name
PROPERTY: Location....
NOMINEE: Husband’s name

As the property is expressed as sold to the Purchaser "and/or Nominees" (or words to that effect) then pursuant to the conditions of the contract the Purchaser nominate the Nominees as substituted purchaser to take a transfer or conveyance in lieu of the Purchaser.

The Purchaser and the Nominees acknowledge that they will henceforth be jointly and severally liable for the due performance of all the obligations of the Purchaser under the Contract and payment of any expenses resulting from this nomination (including any Stamp Duty).

Take care!
 


Zigner

Senior Member, Non-Attorney
1: Sorry, this forum is for US law only.
2: Sorry, contract review is beyond the scope of this forum.
3: Sorry, we prefer to deal with the legally involved parties.


Three strikes and you're out.
 

quincy

Senior Member
I have a friend who is in the process of getting divorced. Her Husband is trying to get her to sign a document related to the purchase of a property. He tells her that it is a document related to changing the property into his name, but it appears that he is trying to get her to co-sign a loan making her jointly responsible for the life of the contract. Please give me your opinion on whether or not she should sign the document and if it seems that she would be liable. Thank you in advance.

-------------Document text----------------

SALE OF REAL ESTATE NOMINATION FORM
Relating to a Contract between:
VENDOR: BATTEN ROAD Pw LTD (ACN {26 747 993}
PURCHASER: Husband and Wife’s name
PROPERTY: Location....
NOMINEE: Husband’s name

As the property is expressed as sold to the Purchaser "and/or Nominees" (or words to that effect) then pursuant to the conditions of the contract the Purchaser nominate the Nominees as substituted purchaser to take a transfer or conveyance in lieu of the Purchaser.

The Purchaser and the Nominees acknowledge that they will henceforth be jointly and severally liable for the due performance of all the obligations of the Purchaser under the Contract and payment of any expenses resulting from this nomination (including any Stamp Duty).

Take care!
Analyzing contracts goes beyond the scope of this forum. It is the practice of law. So your friend will need to seek advice from an attorney licensed to practice in her own jurisdiction.

She should NOT rely on advice or direction from the man she is in the process of divorcing. She needs her own attorney to protect her rights.
 

DapGuyV2

New member
1: Sorry, this forum is for US law only.
2: Sorry, contract review is beyond the scope of this forum.
3: Sorry, we prefer to deal with the legally involved parties.


Three strikes and you're out.
Don't worry, I'm already out.
 

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