The contract has been altered since I signed it! Where do I stand?

[Bran]

A contract was provided to me via email, which we signed at a purchase price of XX6,000.

Alterations were made and initialled elsewhere.

The contract was personally handed to the real estate, but subsequent copies of the contract and solicitor, and real estate agent correspondence refer to a purchase price of XX8,000.

This has either been altered intentionally, or is simply degradation of the typeset such that the 6 now looks like an 8 - see pics.

The change from the original provided contract to sign was never initialled by any party, but the final contract appears as if it were perhaps an 8 all along, and now the purchase seems to be proceeding at this price!!

Where do I stand? It's the incorrect price as far as I am concerned.

I've forwarded this to my solicitor, and awaiting the REA to call.

Unbelievable!

 

[Xenia IM]

It's called fraud

Do you have the initial contract with the correct price signed?

The solicitor will sort it out.

 

[Bran]

It's called fraud

Do you have the initial contract with the correct price signed?

The solicitor will sort it out.

No, I have the electronic version which I printed out and signed

This 'original' was then handed in, and I have since received a copy in the mail which has the altered figure.

What we don't have, are signatures or initials to support the change, and I have an email chain showing the original figure on the proposed contract of sale.

It only came to my attention as an issue when my solicitor gave me the summary with a 8 in the purchase price, and then the real estate agent did it also yesterday.

I need to take my wife off the contract, maybe this is a good opportunity.

 

[Bran]

I still think this is the result of poor quality printing and not intentional, but there is now a signed contract reading an 8 nevertheless of the sequence!

 

[pinkboy]

Property in Qld?

pinkboy

 

[Macca]

Alert your solicitor and send them a copy of your copy, ask them to notify the other side of the error.

 

[Peter_Tersteeg]

Run a document through a scanner/photocopier/fax a few times and I can see that happening unintentionally. I've seen contracts that have gone through 3-4 scans to different parties to be completed and distributed and they do get messy.

Give it the benefit of the doubt and either request via your solicitor a new contract or a clear written confirmation of the purchase price.

 

[redwing]

I still think this is the result of poor quality printing and not intentional, but there is now a signed contract reading an 8 nevertheless of the sequence!

My thoughts also, look at the poor quality of the words purchase price in the second picture

 

[RPI]

1. The unsigned email copy is sufficient to show that this incorrect. You can forward the email to your solicitor and they should sort it.

2. It may be wise to complete a deed of rescission to remove your wife. You could be liable for double transfer duty if this is not done correctly (often picked up during an audit of the assessor rather than straight away. \

 

[property_girl]

No, I have the electronic version which I printed out and signed

This 'original' was then handed in, and I have since received a copy in the mail which has the altered figure.

.

If you have the electronic version and the stream of emails, you will be okay. I am not able to download your attachments. Give it to your lawyer. Contracts can get messy when many people have to sign. In any event, from what I've seen, the excuse of 'accident' won't stand up in court, if it gets that far. I've had a builder alter a contract by more than $40,000.

 

[Bran]

Shouldn't be an issue.

All parties were operating under the correct price, even if some of the paperwork now says otherwise.

Solicitor's are sorting it out via some form of confirmation of correct price.

 

[pinkboy]

I need to take my wife off the contract, maybe this is a good opportunity.

2. It may be wise to complete a deed of rescission to remove your wife. You could be liable for double transfer duty if this is not done correctly (often picked up during an audit of the assessor rather than straight away. \

This bit is going to be your next issue, and you should take heed now. Your Solicitor and the other party will probably come to a conclusion to cross out the number and ammend by hand due to what most likely be a 'clerical matter'. This wont be the case for a name change on the contract, and you should probably look at Daryl's response and ask your Solicitor to rescind.


pinkboy

 

[Truly Exotic]

It's called fraud

Do you have the initial contract with the correct price signed?

The solicitor will sort it out.

its not fraud if there is no alteration or deliberate intentions,

mistakes happen