Real Estate Contract Mistakes: Accidentally signed the wrong real estate contract?

Did you sign the wrong real-estate contract? No need to worry! While this can sometimes cause complications, particularly the longer it goes undiscovered, this is a surprisingly common issue. It is always a good idea to double check the contract and read the fine print, but that isn’t always possible in the real world, especially when time is of the essence.

The real estate industry is fast-paced and requires a lot of documentation, so it is a regular occurrence that documents get mixed up and sent to the wrong people. Furthermore, real estate contracts almost always look nearly identical, making it difficult to differentiate between one contract or another. Thus, it’s easy for any party to make a mistake in sending or signing the wrong document.

However, a simple mistake could turn into a nightmare if it eventually turns out that you bought or sold the wrong house. If the signing of the incorrect document went undiscovered, problems could arise from recording, title, deeds, or payments made under the contract. Luckily the law provides a solution when there are mistakes involved in the contract process.

If you believe you are signing a document different than the one you are actually signing, there is a “mistake of fact” in the contract process. When a mistake of fact occurs, it is a defense to the enforcement of the contract, and a contract may be amended, voided, or rescinded, depending on the situation. This prevents contracts from being enforceable when there was no “meeting of the minds,” or when one or both parties did not mean to enter the contract.

If you have any issues related to a real estate contract, including signing the wrong contract, GLO can help. Please fill out an intake form if you are interested in scheduling a consultation with GLO.

GLO has prepared this blog to provide general information on legal issues that may be of interest. This blog does not provide legal advice for any specific situation, and this does not create an attorney-client relationship between any reader and GLO or its attorneys. GLO engages clients only through specific fee arrangements and signed engagement letters. GLO does not guarantee any results.