22335 Exploration Drive Ste. 2030
Lexington Park, MD 20653
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
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.
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.
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.
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.
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
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
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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.