Can I be sued for unpaid charges by a real estate agency that allowed fraud?

I am actively being sued by a real estate agency for unpaid charges that I do not know of because I did not live at the residence. I have documents that show I did not sign the legal agreement and that it is in fact someone else’s signature. Can they sue me for the charges or am I legally not responsible?

Asked on January 30, 2019 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The answer to both questions is "yes."
1) They can sue you if they believe that you did sign the documents and are responsible for the charges. You may know that you did not, but that doesn't mean that they know or agree; if they in good faith believe that you are responsible for the charges, they have the right to bring a lawsuit and try to prove their case.
2) But if you could prove in court that you were not the party that entered into the agreement, you would have a good defense to liability and should not have to pay.


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