Do I have to sell my house if there have been a series of offers and counteroffers?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have to sell my house if there have been a series of offers and counteroffers?
I am selling my house. I had an offer from a potential buyer. After the
expiration time of the offer, I initiated a counter offer which my agent drew up
and sent to me for signature. I did not actually sign it until a couple hours
before the counteroffer expired. When I did sign, it was sent to the buyer who
signed it the next day which was after the expiration of the counteroffer. Is
this binding? Do I have to sell my house? I have changed my mind and think I
want to keep it.
Asked on September 6, 2016 under Real Estate Law, Georgia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
A contract requires a valid offer and valid acceptance.
An offer is effective upon receipt. Although the deadline for the original offer had elapsed, you made a counteroffer and signed it before it expired which constituted a manifestation of present contractual intent. Acceptance of the counteroffer is effective upon dispatch. Therefore, although the buyer signed it after it had expired, it was effective upon dispatch. Consequently, you have a binding contract for the sale of your house.
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.