Already closed but sellers didn’t sign contract. Only has a date on the signature line. Addendum and amendments that were part of the contract wasn’t given to the lender or signed by the sellers. We signed them but I don’t know what happened after I sent them to the Realtor.
No one caught this error and now I have to sue the sellers for fraud and non disclosure. Agent said it was an executed contract, nothing to worry about? Is she correct?
Asked by Alison Honea | ANDERSON, FL| 07-07-2024| 931 views|Finance & Legal Info|Updated 1 year ago
If you closed on a property and the sellers never actually signed the contract, that's a significant legal issue that your agent calling it "an executed contract, nothing to worry about" doesn't resolve.
An executed contract means all parties have signed. If the seller's signature is missing and only a date is on the signature line, the contract may not be fully executed depending on your state's laws. Whether this invalidates the closing, gives you recourse against the seller, or creates liability for the agent or title company are all legal questions that need an attorney's review.
You need a real estate litigation attorney, not your agent's opinion. Bring the unsigned contract, the addendums that weren't provided to the lender, evidence of the fraud and non-disclosure you're alleging, and all closing documents. The attorney can evaluate whether the closing is legally valid, whether you have claims against the seller for fraud and non-disclosure, and whether the agent or title company bears any liability for not catching the signature issue.
Do not rely on your agent's reassurance. They have a personal interest in this not becoming a bigger problem. Get independent legal advice immediately.
This does not sound like the case as a closing has already taken place, but you need to speak to an attorney regarding the matter as we can't give legal advice here. Good luck!
Keith Jean-Pierre
Managing Principal
The Dapper Agents
Operations In: NY, NJ, FL & CA
In Florida real estate, an addendum is only binding when it has been signed by all parties and properly incorporated into the executed contract, so an unsigned addendum is generally not enforceable regardless of whether the base contract is fully executed. The original contract terms would control unless and until all parties execute the addendum with proper signatures and dates.
In Brooksville, Hernando County, Florida, addendum disputes come up most often around inspection repair agreements, closing date extensions, and seller concession amendments. The Florida Realtors contract forms require that all modifications be in writing and signed, which protects both buyers and sellers from verbal understandings that one party later disputes. If an addendum was presented but not countersigned before closing, that issue needs to be resolved before you proceed.
If you are in an active transaction and an unsigned addendum is in dispute, contact a Florida real estate attorney immediately to review the full contract and addendum history. Do not proceed to closing assuming the addendum terms apply if signatures are missing. The resolution may be as simple as obtaining the signature, or it may require a formal written withdrawal and a new amendment.
Document everything in writing and do not rely on verbal confirmations when contract terms are involved.
Kevin Neely & Kaitlynd Robbins | K2 Sells, Keller Williams Elite Partners
An executed contract means all required parties have signed. If an addendum is unsigned, it’s not valid until all parties agree in writing. Never rely on verbal changes—make sure every term is documented and signed to protect both buyer and seller.
If all parties signed and fully executed closing documents it may be too late however the best thing to do is reach out to a Real Estate/Title Attorney.