Home Selling in Modesto>Question Details

ashzxtrm, Home Seller in Modesto, CA

If I'm a seller and I make a counter offer to a buyer offer, and the buyer accepts counter offer, is it valid if I never signed a Purchase

Asked by ashzxtrm, Modesto, CA Wed Dec 5, 2012

Agreement. State of California

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12
Chuck Bukhari’s answer
The question is, did you sign the counter offer (which reference the offer presented), and did the buyer sign with acceptance? if you are trying to back out of the deal then my suggestions is to get an advise from a real estate attorney. If you are still going through with the accepted counter then that would not be an issue, all you need to do is sign the rest of the documents and all is well. Either way, when in doubt consult your legal attorney or have your realtor get an advise from the CAR Legal Hotline (California Association of Realtors).

Good Luck,

Chuck Bukhari - DRE# 01416945
Exit Realty Consultants
http://www.LiveInModesto.com
209-604-9859
1 vote Thank Flag Link Wed Dec 5, 2012
Contracts can be tricky as well a complex. The question at hand is usually, what was each parties intent? Procedurally, the listing agent should have the seller signature the purchase contract subject to the written counter offer you had your agent submit to the buyer or the buyer's agent. Once you have done that and the counter offer was accepted by the buyer. At the point the counter is then sent back to the seller or the seller's agent. Para 8 of the counter offer gives instruction in regard to the offer now being valid. Para 8 should be reviewed and if there is any question to it's meaning or intent, an attorney should be consulted to provide legal consultation.
Best wishes to everyone.
0 votes Thank Flag Link Mon May 20, 2013
All contracts are written to be reviewed by the seller, if you have issued a counter offer to the buyer then you had to have reviewed the original purchase contract and signed subject to a counter which attaches to the contract. Typically if you have not signed the original contract and the counter then you are not in an enforceable contract. Your agent should execute and ratify your contract as to his fiduciary responsibility to you as seller. You should always consult an attorney to be sure upon reviewing the contract. I wish you the best.
Regards,

Tim Spencer
(209)345-1023 Mobile
Broker Associate
PMZ Real Estate
0 votes Thank Flag Link Wed Jan 2, 2013
You should definitely have an experienced real estate attorney look at what has been signed if any,
and if the verbal agreements have been confirmed in any written manner, e-mail etc.

In general terms, Realtors always are taught TIME IS OF THE ESSENCE in OTHER words get
things in writing, get changes initialed, put any verbal agreements in writing and have both sides sign the sales contract and initial any changes that happened during negotiations, and then deliver such
to both parties ASAP, so that THEN both sides have a fully executed, singed and delivered sales contract....

Otherwise you may not have one..... so double check in your case with an attorney for legal advice.

Hope this helps...

Most Sincerely yours,
Edith YourRealtor4Life and your Chicago and Northern Illinois and RElocation Expert
Working always in the very BEST interest of her clients at @Properties North Shore
Edith speaks French, German, Spanish & more
Get to know Edith and her Service her website is
http://tinyurl.com/YourRealtor4Life
EdithDoesItRight@yahoo.com
0 votes Thank Flag Link Mon Dec 10, 2012
If you didn't make a written counter offer, then you don't have an agreement.
0 votes Thank Flag Link Sun Dec 9, 2012
The question that a judge or mediator may have is, "What was the original intent? Ultimately, the intent was to, agree to sell. Again, I believe the is a great question for a Real Estate Attorney who can reference court decisions and case law.

You may even want to get a few legal opinions.

I hope this helps,

Rocky

Rocky G.H. Hawrysz
Prudential California Realty
(209) 444-6610 Direct
(209) 433-2000 Fax
rocky@prucalifornia.com http://www.TeamHawrysz.com
License No. 01468373
0 votes Thank Flag Link Sun Dec 9, 2012
Hi ashzxtrm, this is a legal question, I second Chuck's statement that if you still want to sell by the terms of the counter offer, you would just sign the purchase agreement while paying attention to the "Subject to attached counter offer" clause, so that there is no room for confusion over price and terms.

Either way, the best way to proceed is to speak with an attorney, if your broker has one or your agent can contact the CAR legal hotline to receive guidance.

Good question! And Good luck!

Best,
Valia Rasuli
PMZ Real Estate
(209) 485-8302
Vrasuli@pmz.com
Vrasuli.pmz.com
Web Reference: Http://vrasuli.pmz.com
0 votes Thank Flag Link Sun Dec 9, 2012
Ok I will try to make it short

a) legally a real estate sales contract is only a fully executed sales contract when finalized and
duly signed and initialed by both parties and then delivered to both parties to the contract.

So if your offer and counter offer were verbal, and although the buyer accepted your counter
and signed and initialed the changes verbally agreed to, legally it is not a fully executed contract
until both parties have signed and initialed, therefore it is always said TIME IS OF THE ESSENCE
for Realtors, get the contact signed by both parties and delivered to both parties.

Since we are not sure what your intentions are, make sure to get legal advice from a good local
real estate attorney.

Good Luck to you..

Most Sincerely yours,
Edith YourRealtor4Life and Chicago and North Shore Expert
Working always in the very BEST interest of her clients with @Properties
EdithSellsHomes@gmail.com http://tinyurl.com/YourRealtor4Life
0 votes Thank Flag Link Thu Dec 6, 2012
I agree with Carl's "personal opinion"... it's not ratified unless signed by both parties. Does that make it "invalid"... maybe not... but it makes it unenforceable should either party decide they want out.
0 votes Thank Flag Link Thu Dec 6, 2012
Alan May, Real Estate Pro in 60201
MVP'08
Contact
Usually the lender will not process the loan until everything is signed correctly. However, the buyer could insist that, since a counter was sent out, the intent to sell was present and, by acceptance of the counter, they have a valid contract.

Personal opinion – if a contract is not fully signed, then you don’t have a ratified contract.

This question has come up before and the advice then was the same as now: talk to an attorney.
0 votes Thank Flag Link Thu Dec 6, 2012
I am not a real estate attorney but technically you would need to sign the purchase agreement with the box checked on page 8 subject to attached counter offer. There are many important items on the purchase agreement that are not specified on just a counter offer unless the counter offer is 8 pages long, lol

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Thank you
Jason Rivers
Rivers Realty
jason@riversrealty.com
http://www.rivesrealty.com
209-402-4777

27 SELLER TIPS FREE REPORT : http://www.riversrealty.com/27tips.asp
0 votes Thank Flag Link Wed Dec 5, 2012
Wrong link for 7 costly mistakes: http://www.riversrealty.com/seller_mistakes.asp
Flag Wed Dec 5, 2012
That's a terrific question for a Real Estate Attorney. No matter who responds, make sure and reach out to one for legal advice. It sounds like you may be in a pinch.

I hope this helps,

Rocky

Rocky G.H. Hawrysz
Prudential California Realty
(209) 444-6610 Direct
(209) 433-2000 Fax
rocky@prucalifornia.com
http://www.TeamHawrysz.com
License No. 01468373
0 votes Thank Flag Link Wed Dec 5, 2012
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