Home Buying in 33182>Question Details

David, Home Buyer in 33182

Verbal agreement on email

Asked by David, 33182 Wed Mar 26, 2008

Hello,
I am or was in the process of purchasing a home. My real estate agent forwarded me an e-mail in which an agent from a title company congratulated me stating that she had just gotten off the phone with the lender representative of the house who had just given her a verbal agreement for the short sale. On the e-mail she stated that the lender had reviewed the BPO, the numbers and that everything looked great and that she would receive the approval in writing in a week. Now the real estate agent has called me saying that there is a better offer for the house asking me if I want to counter the offer. I am wondering if having this information on paper makes it a binding agreement.
Thank you.

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Answers

7
Hi David,

In Florida there is something called the Statute of Frauds. It exists primarily to protect homeowners from fraudulent predators making claim that someone had agreed to sell when in fact they hadn't. In the old days all the fraudster had to do was march into court with two witnesses (who were a part of the plan) and the homeowner would lose the property. Now, under the statute of frauds, for a contract to be "enforceable" in Florida it must be in writting.

Now, you can't counter something you haven't read so have that agent show you the paper.

Always insist to see it in writing.

Good Luck,

JD “Dan” Weisenburger, GRI
Broker-Associate REALTOR®
Vanguard Realty, Inc. GMAC Real Estate
Web Reference: http://www.neflahomes.com
1 vote Thank Flag Link Wed Mar 26, 2008
It does appear from what you say that the title company and realtor only had a verbal from the bank. In Florida, an agreement for real estate must be in writing to be enforceable. If you have other questions, it would be best for you to contact a real estate agent.
Web Reference: http://www.MykeTriebold.com
1 vote Thank Flag Link Wed Mar 26, 2008
no, i'm sorry, it doesn't.

what you have, is something in writing from YOUR agent saying that she had a verbal agreement from someone else's agent. That's not binding.
1 vote Thank Flag Link Wed Mar 26, 2008
Alan May, Real Estate Pro in Evanston, IL
MVP'08
Contact
2 year old question... .
0 votes Thank Flag Link Thu Jun 24, 2010
If you have not already heard, Verbal contracts and agreements are worth the paper they are written on, Period!
0 votes Thank Flag Link Thu Jun 24, 2010
I see, thank you all for your quick response. I really appreciate it.
0 votes Thank Flag Link Wed Mar 26, 2008
I meant to say a real estate attorney.
Web Reference: http://www.MykeTriebold.com
0 votes Thank Flag Link Wed Mar 26, 2008
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