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Don't sign anything else with them. Insist on getting your money back. They'll always say no the first request. Keep going higher up the chain.
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Syd
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Not a lawyer, but I agree, don't sign anything. If they want to change the contract, without your signature, the contract is void. In that case, you may want to think your damage. But send them a notified certified letter ASAP, tell them you have not receive any payment request based on your originally contract term. Tell them you have try your best to pay the bill.Originally posted by Sydney View Post
If you want to see them in court about you default (assume they claim you default), you can always show your best intend to pay the mortgage.
Jya-NingJya-NingComment
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Okay, so they have sent out a new contract, (we got it last night), they included a signed Purchase Proposal that specifically states at the bottom that it is a worksheet.
This is what is at the bottom:
NOTICE: This document is a WORKSHEET. It is not intended to be an offer or a contract and IT HAS NO BINDING EFFECT on seller or owner. Actual offers must be formally typewritten on official letterhead and signed by an authorized representative of the seller.
Does anyone know of a contract attorney in Las Vegas that they would feel comfortable recommending?
DianaComment
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I'm confused
Isn't the original contract that you and they signed still valid & binding? Can't they be held to the original agreement? If you have agreed to a specific payment & have made your payments as contracted then I don't understand how they (or you) can renegotiate without voiding the original contract. I must be missing something here...The legitimate object of Government is to do for a community of people whatever they need to have done but cannot do at all or cannot do so well for themselves”- LincolnComment
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Bluegreen has a form that you sign upon closing that grants them Power of Attorney to fix any typos in the agreements they prepare. There are often times typos in these documents since there are so many of them. So this enables Bluegreen to adjust documents legally and keep them tidy for proper recording of deeds, mortgages and other legal documents.
I believe that Bluegreen did make a mistake somewhere in their contracting process with the OP. So now, they are arguing that they are merely correcting some incorrect documents. But, these are mortgage documents that need to be recording, so they don't want to change payment amounts without the OP agreeing in writing.
However, the OP is rightfully arguing that the deal they have is the deal the agreed to purchase.
I believe that a careful inspection of the documents will determine who will win the argument. If the terms of the agreement state that the 8000 EOY points are $X which will be financed over Y months at Z interest rate, then that will be upheld by any court.
The question is whether or not the payment documents were actually typos because the calcuations were wrong or the offer is truly a new one where X, Y and Z are different.
If X, Y and Z are diffferent, I believe this is a slam dunk case in favor of the OP. Even if it is a typo, the OP can argue that they only agreed to the deal because of the amounts presented. It's not as strong of a case, but certainly strong enough to have Bluegreen either leave the deal as it is or cancel it outright.
I would send a letter to Bluegreen from an attorney stating your position and what you are willing to do which is stay with the deal you have or cancel it outright.Comment
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Typos!!
This is not a simple correction of typos. BG doesn't have a leg to stand on. I'd pay an attorney to send a letter asking for full compliance with the original contract or full refund WITH INTEREST at the current rate.
JulieThe legitimate object of Government is to do for a community of people whatever they need to have done but cannot do at all or cannot do so well for themselves”- LincolnComment
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