Realtor broke contract without notifying I have been in the process of buying a house for the last months and my realtor had been acting strange as she kept arguing for the Seller. Now First off I live in PA so Dual Agency is allowed, however we have an explicit contract that says if Dual Agency were to occur that her employer would appoint a separate Realtor to represent the buyer. This did not occur Now when signing the final loan paper work, previous paper work did not have realtors signatures in them at time of signing, I see that mine is listed for both buyer and seller. It also turns out that the initial estimates given were dramatically off for closing costs and monthly payments provided by the realtor with even the property taxes being incorrect. I intend to close on the house as I've already signed all the loan paper work, but is there anything that can be done about a Realtor that breaks contract? Also second question would it be better to seek a personal or Real estate attorney in such situations as this?
I intend to close on the house as I've already signed all the loan paper work, but is there anything that can be done about a Realtor that breaks contract? You have probably waived your claim if you proceed with the deal knowing about the Realtor's conduct. What would your damages be? Could you have mitigated them by not agreeing to the deal? Also second question would it be better to seek a personal or Real estate attorney in such situations as this? Lawyers aren't that specialized. I would not recognize a "personal" attorney as something necessarily different from a "Real estate attorney" and the questions involved are not so complex that a general practice attorney couldn't handle them. Familiarity with real estate issues would be desirable (e.g. you wouldn't want to hire someone whose practice was exclusively as a criminal defense attorney or a personal injury lawyer, or a patent lawyer, for this task), but a great many lawyers who describe their practices differently would have the relevant experience and knowledge.
You have a contract - they have fulfilled their obligation (they paid you), if you do not fulfil their obligation (not to post it online) then you are in breach of the contract. Your obligation continues even if you gift the money back to them. If you breach the contract then they can sue you for the damage that they suffer. Presumably this would be damage to their reputation and for a public figure this could run into millions of dollars. In demanding additional money from them beyond what you are legally entitled to you are, at least, flirting with the crime of extortion/blackmail. This would not be a matter for them to sue you for, it would be a matter for the DA to prosecute if they chose to make a complaint. There doesn't seem to be a defamation issue here because you are not stating anything that isn't true. Now, the extent of the agreement appears to prohibit you posting it on the internet, however, the spirit of the agreement is that you will keep the information secret in all respects - that is likely how a court would look at it. Of course, if someone does steal the information from you then you haven't broken the agreement but you would probably have to prove that it was stolen when they sue you.
You signed the contract It does not have to be “shown” to you, it just has to be available. You say it was “on the back side”; providing you had the opportunity to turn the paper over, it was available to you and it doesn’t matter that you didn’t see it or read it - that’s your problem. If they deliberately disguised the fact that the contract had two sides or actively prevented you from looking at the back, there might be a way out. But, as stated, it seems you just didn’t look.
I was told that when you sign something in the UK, then it is your signature, no matter what name you are using. So if you sign a contract with my name, then it's your signature and you are bound by the contract. Things might be invalid because you signed and not me. For example, if you sign a contract selling my car in my name, then that contract is not valid. If some document needs signatures of two witnesses, and you sign with your name, then with my name, then there are no two signatures. As far as I know, signing under a false name is not in itself criminal, but might very well be supporting fraud, for example, and might therefore be illegal. The contract for the sale of my car, signed by you using my name, would very likely be part of fraud and therefore criminal.
If you were given a non compliant notice, you haven’t been given notice You can stay as long as you like or for 4 months after they give you the correct notice. The landlord’s legal obligation was to give you 4 months notice: not his agent, or the Queen, or some guy he was chatting with at the pub. Whether that causes other people with other contracts problems is a matter for them to work out, it’s none of your business. However, … The management agency is the landlord’s agent. That means, as far as you are concerned there is no legal difference between what they do and what the landlord does. If either of them had given you a valid notice, it is as though the landlord had done so. However, if the landlord says something to the agent, from your point of view, the landlord is talking to themselves. If the landlord has sold the property, it comes with any existing leases. If the landlord has promised vacant possession and can’t deliver it, then they have broken the contract with the buyer and the buyers can sue your landlord for damages or possibly terminate the contract or both. If that happens, and it was a result of the agent’s negligence, the landlord can sue the agent.
The Facebook forum doesn't prevent a contract from being formed. But, for a contract to be formed there must be an affirmative agreement, not silence (at least in cases that aren't between merchants). If they later decide to work together without reaching an agreement on the details, the draft contact could be considered, but the Facebook forum for its delivery and that fact that it wasn't expressly assented to might reduce its weight as part of the evidence in an attempt to determine what the terms of their oral or implied agreement to work together involved. It would be very unusual for a broker not to get a signed agreement in writing to pay his fees, although an oral or unsigned agreement to pay a broker is not necessarily barred by a statute of frauds. A finder of fact would be quite skeptical of a broker's claim to have an agreement in those circumstances and often the professional regulatory provisions related to brokerages would require that fee agreement must be signed and in writing even if contract law does not require that this be done.
The date and location of the signature merely documents when/where the signature was made, and doesn't have a lot of legal significance for ordinary contracts. This information is probably only useful if you need to argue that you could't have signed the contract because you weren't in that town on that day. Despite this small lapse your contract is perfectly valid, in particular you are required to make any payments that are part of this contract. It doesn't make sense to get this corrected. However, if any actual information (for example, you address) changed, then you should notify the gym to update the information.
If you do not get anything from this "contract", and all it says is that you will pay someone a sum of money "on demand", it does not meet the basic requirements to form a contract, and in particular, there is no consideration being received by you. It would therefore not be a contract and would have zero legal force. If you do receive consideration, demonstrating that you signed the contract under duress will require specific legal advice, and you need a practicing lawyer in your jurisdiction.