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What are my rights?

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carterstauffer

Junior Member
What is the name of your state? Utah
We were selling a home jointly owned by me and my father, when a realtor came to make an offer on the behalf of a buyer. My father was out of the country but the realtor said that I could sign for both of us. I had just suffered a major family crisis the day before and was resigned to get rid of the property. We were selling by owner, so I did not have a realtor, but their realtor said that by law he was obligated to represent me and that he would make sure that everything was fully clarified to me. He read through the entire contract as I sat across the table. I did not a have a copy to follow as he read. He seemed to be very thorough and it all sounded fair enough so I signed as he directed me. When I sat down later with my glasses on to review it, I saw that under items included with the sale of the house was listed the washer and dryer. I had previously told the buyer that the washer and dryer belonged to the present renter, who had now moved out. The realtor had discussed the inclusion of the fridge, stove and dishwasher but never said anything to me about the washer and dryer. I asked the Realtor why this had been included without him even discussing it with me. That the washer and dryer were never mine to give and the buyer had been informed of this. Didn’t he have an obligation to at least mention this unusual inclusion, especially since he had agreed to clarify everything. Shouldn’t he have offered to amend the error? He just said that I had signed it and would have to work it out with the buyer. I had already given $10,000 worth of concessions and felt it was completely unethical for them to sneak this in there and take advantage of me further. When my Father and I closed on the property we deleted the inclusion of the washer and dryer in the papers we signed, but the buyer signed separately and did not delete it in his copy. Will our final contract supercede the original?? My father says that it is more binding because the original never had his signature on it. Some people have said that it was never binding for me to sign the washer/dryer away, because it was not mine to give. Do they have the right to insist that I go out and buy a washer and dryer for them now? and what will happen if I refuse? I am clueless on what my rights really are and would appreciate any feedback.
:confused:
 


HomeGuru

Senior Member
carterstauffer said:
What is the name of your state? Utah
We were selling a home jointly owned by me and my father, when a realtor came to make an offer on the behalf of a buyer. My father was out of the country but the realtor said that I could sign for both of us. I had just suffered a major family crisis the day before and was resigned to get rid of the property. We were selling by owner, so I did not have a realtor, but their realtor said that by law he was obligated to represent me and that he would make sure that everything was fully clarified to me. He read through the entire contract as I sat across the table. I did not a have a copy to follow as he read. He seemed to be very thorough and it all sounded fair enough so I signed as he directed me. When I sat down later with my glasses on to review it, I saw that under items included with the sale of the house was listed the washer and dryer. I had previously told the buyer that the washer and dryer belonged to the present renter, who had now moved out. The realtor had discussed the inclusion of the fridge, stove and dishwasher but never said anything to me about the washer and dryer. I asked the Realtor why this had been included without him even discussing it with me. That the washer and dryer were never mine to give and the buyer had been informed of this. Didn’t he have an obligation to at least mention this unusual inclusion, especially since he had agreed to clarify everything. Shouldn’t he have offered to amend the error? He just said that I had signed it and would have to work it out with the buyer. I had already given $10,000 worth of concessions and felt it was completely unethical for them to sneak this in there and take advantage of me further. When my Father and I closed on the property we deleted the inclusion of the washer and dryer in the papers we signed, but the buyer signed separately and did not delete it in his copy. Will our final contract supercede the original?? My father says that it is more binding because the original never had his signature on it. Some people have said that it was never binding for me to sign the washer/dryer away, because it was not mine to give. Do they have the right to insist that I go out and buy a washer and dryer for them now? and what will happen if I refuse? I am clueless on what my rights really are and would appreciate any feedback.
:confused:
**A: I do not have time to read the story. What is the one fact and one question in a brief explanation?
 

carterstauffer

Junior Member
The terms of the contract were misrepresented to me by the buyers realtor when I signed to sell our home. He said he was legally bound to represent me, but then slipped in an inclusion of the washer and dryer. They belonged to the renters who had already moved out and taken them with them. My father who is joint owner never signed the original. When we both signed at closing, we deleted this inclusion. Will the final contract supercede the original, or can they insist we go and buy a washer and dryer for them. If so what will happen if we refuse.
 

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