Full question:
I purchased a condo from a Realtor who had that condo under contract only to turn around and sell the condo for more. She only offered me 2 of 50 condos that were for sale. I closed on it and I dislike it greatly. I paid too much for it. Is what she did illegal? Can I prove what the Realtor did was only for her personal gain and how can I prove that she steered me into 916?
- Category: Contracts
- Subcategory: Recission
- Date:
- State: Colorado
Answer:
Regret over the price paid is not enough to cancel a contract. If a sale agreement is made freely, without coercion or fraud, the seller can generally seek the highest price. Courts recognize that a contract can be rescinded for reasons like fraud, incapacity, duress, undue influence, material breach, or mistake.
To prove fraud, you must show that the Realtor intended to deceive you. If you relied on misleading statements and suffered harm, you might recover damages. Fraud can also occur through omission, where failing to disclose important facts makes other statements misleading.
To establish a material breach of contract, you need to demonstrate that the breach was significant enough to render the agreement valueless. Courts will assess the situation based on all relevant facts to determine if there was a material breach or fraud. If either is found, the contract may be rescinded and/or damages may be awarded.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.