Is an amendment to a land sale contact possible to include spouse's signature
This is a follow up question from a thread posted earier.
Basically the spouse's signatures are not on the land sale contact. The Samana title office has refused to accept the contact and thus I can't get title.
The contract was signed April 1st 2007.
Is is possible to attach an amendment to the orginial contract with the spouse's signatures agreeing the sale?
Or is it necessary to get a new contract done?
The orginial post:
Getting title has become a problem
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I will try to condense what is a long and frustrating situations.
Hired a lawyer from SD and the contract was signed between myself and everyone on the title (farmer and his lawyer).
My lawyer proved useless and I eventually took my papers from him and paid the taxes in Nagua myself. (They had no problem taking the taxes.) The taxes were paid in about March 2008.
When I went to file the papers in Samana to get my title I was told the wife of the lawyer who was on the title had to sign the contract before they could process it. (Her name is not on the title.)
It is common in Samana for the lawyer to have a percentage of the title. (Farmer has no money so lawyer takes a percentage of his land - in this case 33%.)
If they need the wife of the lawyer to sign than should they not also need the wife of the farmer to sign? And my spouse for that matter.
I smell a rat. (Both lawyers involved should have known if the wife had to sign.)
The date of the contract is April 1 2007 (did I say long and frustrating) and I am also concerned about my position with respect to the deslinda requirement that comes into effect April 2009.
Does what they say make sense and if it does why do they not ask the wife of the farmer to sign.
What happens if the wife of the lawyer refuses to sign?
Can this signature be added as an appendix to the original contract instead of making up a new contract?
If my lawyer did not perform his duty, do I have any recourse? (He of course has been paid)
I loath to get more lawyers involved at this stage and would not be adverse to placing a few peso's in the right hands in order to get the title.
Any suggestions?
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