I am a Mortgage Broker whose client had been on Temporary Disability when she met with me to discuss her refinance. She said that she was on Temporary Disability but would be returning to work the next month. I told her that her loan approval would entirely be contingent upon her returning to work and also her providing me with a copy of her first pay stub. I told her that the lender will not approve her loan while she was on temporary disability. She agreed to these conditions so I submitted her loan which was approved with these conditions. She even ordered an appraisal. In fact she also emailed me while at her Doctor's office and said that she would be obtaining a return to work letter from her doctor and also a pay stub as per her loan approval condition. However, month after month went by and despite my repeated requests for this Doctor letter and pay stub, she kept telling me that she was going to return to work the following month. Low and behold she emailed me to tell me that she needed to pick up all of her paperwork because she needed it to request increased child support. I searched the county records and found out that she had refinanced with another lender. I have asked her for $500 compensation for my work for canceling and she refuses to pay. My total compensation would have been $12,000. From my vantage point I see this as a Breach of Contract both Implied and Expressed (I also have emails). I had a Reliance and Expectation interest when I agreed to accept her loan and she agreed to my conditions. What are my rights?
1 Answer from Attorneys
To have an express breach you needed to have an express agreement of payment arrangements. I doubt there is an implied agreement as well. You may have a contract action based on a negotiation in bad faith. There is a covenant or implied covenant of good faith in a contract.
There would also be a theory that she was unjustly enriched by her actions while not compensating you so I would sue on both theories and see damages as you suggest...
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