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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,
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