Baldwin & Briscoe P.C.
301-862-4400
22335 Exploration Drive Ste. 2030
Lexington Park, MD 20653
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Reformation

 

An action for reformation is designed to fix a mistake in a deed or contract.  A suit to reform a written instrument is an action to enforce the actual agreement between the parties where the written instrument does not reflect the actual agreement. 

 

  In order to prevail on a claim for reformation, the plaintiff must allege and prove three elements: (1) that there was a mutual mistake of fact, or that the instrument which is sought to be reformed was induced by fraud, duress, undue influence or misrepresentation; (2) that the written agreement or instrument was not the agreement or instrument to which the parties intended to agree; and (3) to what the parties actually did intend to agree.

 

  A party cannot get a written instrument reformed simply because it turns out to be a bad deal.  Reformation results in the enforcement of the actual agreement between the parties.  Unlike an action for rescission, a successful action for reformation leaves the deed or contract in places, but alters it so that it accurately reflects the parties’ intent.

 

  A party has a duty to read written documents before signature.  Absent fraud, mutual mistake, or some other inequitable action, an agreement will not be reformed based on some misunderstanding of the signatory.

 

  A party seeking to set aside a contract or deed by reformation must show clearly and beyond doubt that there was a mistake.  The error must be certain, not simply probable or likely.  Further, the plaintiff in a reformation action must show the exact and precise agreement that was actually contemplated.  A court will not reform an instrument unless the intended meaning is clearly proven.

 

  If you have questions about a contract or deed which contains a mistake, you may wish to contact Baldwin & Briscoe to discuss the possibility of a claim for reformation. 

 

  The information contained on this page is provided as general information and does not constitute legal advice.  We’d be happy to sit down with you and review your situation and provide appropriate advice.  Call today for your no-obligation consultation. 

 


The Law Offices of Baldwin & Briscoe, P.C. also offers these services:

Bankruptcy and ForeclosureBusiness LawCivil LitigationCriminal DefenseEmployment, Disability, and Consumer RightsFamily LawGovernment Contracts LawIntellectual Property, Personal InjuryReal Estate, Social Security Disability & Workers’ Compensation and Wills, Trusts, & Estates




Contact Us

The Law Offices of Baldwin, Briscoe & Steinmetz, P.C.

22335 Exploration Drive

Suite 2030

Lexington Park, MD 20653

301-862-4400 Phone

301-862-3009 Fax

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Our Attorneys

Samuel C.P. Baldwin, Jr., Esq.

Janice Briscoe, Esq.

Richard J. Steinmetz Jr., Esq.

David J. Hebb, Esq.

Sandra Kaufman Jonasen, Esq.


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With an office conveniently located in Lexington Park, The Law Offices of Baldwin, Briscoe & Stienmetz, P.C. serves clients in the counties and cities of Lexington Park, Leonardtown, Hollywood, Mechanicsville, Loveville, Helen, Breton Bay, Chaptico, Charlotte Hall, Golden Beach, Avenue, La Plata, Waldorf, Newburg, Port Tobacco, Port Charles, Solomons Island, Prince Frederick, Chesapeake Shores, Hughesville, Benedict, Nanjemoy, Lusby, Port Republic, St. Mary's County, Charles County, Calvert County, Prince George's County, Southern Maryland.


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