At what point is a seller obligated to a buyer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
At what point is a seller obligated to a buyer?
We recently made an offer on a house. The listing agent emailed us the following day with a counteroffer that we promptly accepted, also through email. The next day we received another email from the listing agent saying that this was a multiple offer situation to bring our best offers. Wasn’t the seller already obligated to us?
Asked on February 29, 2012 under Real Estate Law, California
Answers:
Hong Shen / Roberts Law Group
Answered 12 years ago | Contributor
Once you accepted the counteroffer there is a binding contract. There are two things to consider, though. One is the email. Did you use the standard forms? If not, then your acceptance may not be valid since this is a real property contract. Second, did you make any changes to the counter offer? Even a minor one would reject the counter offer and your acceptance would make a counter offer No. 2, which the seller is free to accept or reject. If none of this applies, I would think you have a binding contract. Consult a real estate attorney in your area.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.