[OR] Does an unsigned new agreement void a real estate purchase contract’s original terms?

OR Real Estate Law

Richard

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Based on your situation, there are several legal arguments and considerations in property law that could potentially support your case:

Contractual Obligations: If the original purchase agreement specified a closing date of July 2021 and the seller failed to meet this deadline, it could be argued that the seller is in breach of contract. This breach may relieve you from certain obligations, such as paying interest that was supposed to start accruing only after closing. Oregon's statute of limitations for enforcing land sale contracts (OR Rev Stat § 12.060) generally requires an action to enforce such a contract to be brought within five years of the date the final payment matured, or the date to which that final payment was extended by written agreement, which may be relevant given how long this matter has been outstanding.
Good Faith and Fair Dealing: In many jurisdictions, parties to a contract are expected to act in good faith and deal fairly with each other. If the seller made promises, such as not charging interest or cleaning up the property, and failed to fulfill these, it could be seen as acting in bad faith.
Unilateral Changes: The fact that your husband signed a new agreement without your consent, especially under circumstances where you were unable to participate due to being in the hospital, might raise questions about the validity of that agreement. Contracts typically require the consent of all parties involved. Additionally, if the seller intends to pursue a default or forfeiture remedy under a land sale contract, Oregon requires the seller to follow specific notice-of-default procedures (OR Rev Stat § 93.915) , including proper written notice to the purchaser, before forfeiture can take effect.
Consumer Protection Laws: Depending on the jurisdiction, there may be consumer protection laws that prevent sellers from engaging in deceptive or unfair practices, such as changing terms without proper notice or consent.

Oregon Residential Purchase Agreement

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My husband and I signed a purchase agreement to buy property in Oregon, and then I was in a car wreck. The seller had my husband sign a purchase agreement that I never signed. Would that default back to the original agreement?

Lexi, Chatbot

I'm sorry to hear about your car wreck and the complications with your property purchase. Can you tell me if the original purchase agreement included any clauses regarding changes or signatures?

No, I didn't have any changes, but it did say that we would be closing by or around July 2021, and that never happened.

Lexi, Chatbot

Have you had any communication with the seller about the new agreement that your husband signed?

He wants me to sign it also, but I won't, because he hasn't followed through on any of the things he said he would do for us, and I think that having my husband sign it when I was still in the hospital after having such a traumatic car wreck wasn't right.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured, they'll be able to help with your property agreement issue.

No.

Richard

Hello. My name is Richard, and I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that this website is for information purposes only, and I cannot formally represent customers of this website or perform actual legal services on your behalf. I understand you're dealing with a situation where your husband signed a purchase agreement for property in Oregon without your consent after your car wreck. Could you please share more details about any specific concerns or steps you've taken regarding this situation?

It wasn't without my consent. I just don't believe that we should've been signing that kind of contract at that point in time, and the way he went about it, the seller was shady. My husband and I both signed a purchase offer, and then when I was still in the hospital, the seller had my husband sign a purchase agreement so that he could start the interest, and I never signed that purchase agreement to this day. So my question is, do we go back to the purchase offer where it said that we would close by July 2021, and that's never happened, so he is in default, and that way we don't owe the interest, we just owe the principal amount.

We've been waiting five years now to close on this property. We haven't been able to use the homeowners deduction on our taxes, we haven't been able to use the interest on our taxes, and yet he wants us to pay all these things that I don't think he's due.

Richard

I understand this has been a long and frustrating process for you. Could you tell me if there was any written communication or agreement about extending the closing date beyond July 2021? This will help us understand the current standing of the original agreement.

On the purchase agreement between the seller and my husband, there is an open-ended day, someday in the future would be the closing day.

Richard

Thanks for sharing that. Have you or your husband had any discussions or negotiations with the seller to try and resolve this issue or set a firm closing date?

He will close as soon as we pay him $85,000, and the way I figure it, we owe him $47,500. He also told us on several occasions that he wasn't going to charge us interest, because he never followed through with his part of the agreement. That being, he never closed when he said he would, and he didn't bring his truck and trailer back over to clean up all the garbage that was there. In the last five years, we paid him over $100,000. The original price on the property was $150,000, and the interest would start when we closed, so I don't understand how he can charge us interest. We have made ourselves available on several occasions to meet him and to close, and not once has he ever been able to show up.

Richard

Based on your situation, there are several legal arguments and considerations in property law that could potentially support your case:

Contractual Obligations: If the original purchase agreement specified a closing date of July 2021 and the seller failed to meet this deadline, it could be argued that the seller is in breach of contract. This breach may relieve you from certain obligations, such as paying interest that was supposed to start accruing only after closing. Oregon's statute of limitations for enforcing land sale contracts (OR Rev Stat § 12.060) generally requires an action to enforce such a contract to be brought within five years of the date the final payment matured, or the date to which that final payment was extended by written agreement, which may be relevant given how long this matter has been outstanding.
Good Faith and Fair Dealing: In many jurisdictions, parties to a contract are expected to act in good faith and deal fairly with each other. If the seller made promises, such as not charging interest or cleaning up the property, and failed to fulfill these, it could be seen as acting in bad faith.
Unilateral Changes: The fact that your husband signed a new agreement without your consent, especially under circumstances where you were unable to participate due to being in the hospital, might raise questions about the validity of that agreement. Contracts typically require the consent of all parties involved. Additionally, if the seller intends to pursue a default or forfeiture remedy under a land sale contract, Oregon requires the seller to follow specific notice-of-default procedures (OR Rev Stat § 93.915) , including proper written notice to the purchaser, before forfeiture can take effect.
Consumer Protection Laws: Depending on the jurisdiction, there may be consumer protection laws that prevent sellers from engaging in deceptive or unfair practices, such as changing terms without proper notice or consent.

Thank you, that answers my questions. How do I proceed from here?

Richard

Here's how you can proceed with your situation:

Review the Original Agreement: Start by carefully reviewing the original purchase agreement you both signed. Look for any clauses related to closing dates, interest, and obligations of both parties. This will help you understand your rights and the seller's obligations.
Gather Evidence: Collect all relevant documents, including the original purchase offer, the agreement your husband signed, and any written communications with the seller. Document any verbal promises made by the seller, such as not charging interest or cleaning up the property.
Consult a Real Estate Attorney: Given the complexity and duration of this issue, consulting with a real estate attorney in Oregon would be beneficial. They can provide specific legal advice, help you understand your options, and represent your interests if needed.
Negotiate with the Seller: With your attorney's guidance, attempt to negotiate with the seller. Present your evidence and discuss the discrepancies between what was promised and what has occurred. Aim to reach a fair resolution, such as adjusting the amount owed based on the original terms.
Consider Legal Action: If negotiations fail, your attorney can advise on the possibility of legal action. This might involve seeking a court order to enforce the original agreement or to resolve the dispute over the interest and closing terms.
Document Everything: Keep detailed records of all interactions with the seller, including dates, times, and content of conversations. This documentation will be crucial if legal action becomes necessary.

Richard

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