Can I be bound to a purchase contract when it was sold to a company, rather than an individual as I expected?

Full question:

I signed a property purchase agreement as seller. The buyer had not signed at the time. When he signed, instead of signing his name as expected, he signed a company LLC name. I objected, as I never intended or agreed to sell this property to a company. In fact the realtor described the buyer's intentions as 'to build a home for his family'. Now the buyer and realtor insist I'm legally bound to this document. How can this be?

  • Category: Contracts
  • Date:
  • State: Minnesota

Answer:

We cannot give legal advice, and are not forming an attorney-client relationship with you. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.

Some people do business through an LLC. It may be what is happening here, and the intent may indeed be to build a house for the family. If you have a reason to care, this may be important. If you were moving away, it wouldn't really matter, but that doesn't sound like the case. If the buyer or broker made a misrepresentation in order to induce you into the sale, that may void the contract. You can certainly refuse to follow through with the sale on the basis of that misrepresentation, but you are getting into some fire if they press it and sue you. Technically, they may be right- or they may not. It is more of a question for a court to decide, and very dependent on the facts of what was said and what is in the contract. If you are going to fight them, the moment they say they will sue you you need to meet with a lawyer and discuss the case. You'd be advised to do that the minute you tell them NO. Good luck.

 

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FAQs

When a buyer breaches a real estate contract, the seller may have several options. They can seek damages for any financial losses incurred due to the breach. Alternatively, the seller might choose to enforce the contract and compel the buyer to complete the sale. In some cases, the seller may also be able to terminate the contract and keep any earnest money deposit. The specific remedies available depend on the terms of the contract and state law.