Advice needed on selling a lot
Question: I would appreciate it if someone could give me some pointers on the following issue. We had a lot for sale and put an ad in the paper. Some guy was interested and asked for more info. My husband had put an info packet together which he sent him and in that packet it mentioned that the lot has 1.7 acre buildable land and the paper was signed by my husband. The lot actually belongs to my uncle and my husband does not own any part of it. The city gave us a lot of problem because of endangered species etc. and we were not aware of this. Finally the city said we can pay them $10000/acre to clear the lot. The buyer is now requesting that we pay 17000 to clear the 1.7 acre that was mentioned in the ad or he will bring a lawsuit towards us. We are willing to pay $5000 to clear the property which he wants to build his house on (1/2 acre of the lot)
Can he really sue us for this? There was nothing mentioned about this in offer letter that was signed by him and the owner. If he does bring a suit (and has no case to win) will there be a hold on the lot until the court gives its decision?
All help is greatly appreciated.
Answer: Your message is not specific enough, did you actually sell the lot? IF not, then the answer is no as no real estate transaction is binding on either party until proper papers (in this case a deed) have beeen executed by both parties. Also, unless your husband was authorized by his Uncle to do so, his signature on any document is not valid. However, you did misrepresent facts, which is wrong, but not illegal. Next time put this statement on the bottom of any offering sheet. “All information is deemed to be from reliable sources, but is subject to er errors, ommissions and withdrawl without notice.”
You should also put that “this is not an contract or a substitution for a contra- tract. No document shall be binding on either party until proper documents are executed and xchanged by the parties.
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