- 4 - In February 1989, petitioner and Mr. Wells jointly listed for sale the Paddock Lane property with real estate agents. Mr. Wells actively participated in attempting to sell the Paddock Lane property through: (1) Painting the property; (2) selecting the real estate agent; (3) signing the listing agreement; and (4) being involved in the negotiations when an offer was received. During that time, Mr. Wells did not represent or indicate to petitioner that the house was solely her property. The first real estate listing agreement expired on May 17, 1989, and petitioner listed the property for sale with another realtor. Petitioner wanted to be "in control" of the sale of the Paddock Lane property. On August 17, 1989, the Paddock Lane property was sold for $630,000. Petitioner received a prerelease payment of $25,000 and a check in the amount of $37,249.53 in sale proceeds. Mr. Wells did not receive any of the proceeds from the sale of the Paddock Lane property. On August 2, 1989, Mr. Wells' attorney wrote a letter to petitioner stating that the deed (from Mr. Wells to petitioner) "had been tendered on a conditional delivery * * * [and] recorded without Mr. Wells' knowledge or consent." The letter further stated: "Also, please be advised that we reserve the right to contest the legal effect of the delivery of the deed which was apparently recorded with respect to the Paddock Lane property and the overall consideration relating thereto." On August 8, 1989,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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