Buyer did not execute sales contract

What is the name of your state? Indiana. I'm trying to sell a rental property here. The tenant wanted to buy it, and requested I send him a sales agreement that he could take to a mortgage company to obtain an appraisal on the home. The sales agreement I emailed to him showed a copy of my scanned signature which is on the original contract. He printed out the emailed copy with my scanned signature, signed his name to it, and submitted it as an executed copy of the sales agreement. I have never mailed him the original copy of the sales agreement with my signature, and he has never given me a copy of the emailed sales agreement with his signature that he submitted to the mortgage company. I got an email from the mortgage company regarding the closing they were setting up for my house! The buyer did not execute the original contract, and did not pay me the $945.00 indicated on the contract for earnest money. To me this is an unexecuted contract which I have no obligation to complete. Can anyone confirm if this is correct?

Thanks in advance!
Michael Beck

[HomeGuru]

Originally Posted by mike4re308

What is the name of your state? Indiana. I'm trying to sell a rental property here. The tenant wanted to buy it, and requested I send him a sales agreement that he could take to a mortgage company to obtain an appraisal on the home. The sales agreement I emailed to him showed a copy of my scanned signature which is on the original contract. He printed out the emailed copy with my scanned signature, signed his name to it, and submitted it as an executed copy of the sales agreement. I have never mailed him the original copy of the sales agreement with my signature, and he has never given me a copy of the emailed sales agreement with his signature that he submitted to the mortgage company. I got an email from the mortgage company regarding the closing they were setting up for my house! The buyer did not execute the original contract, and did not pay me the $945.00 indicated on the contract for earnest money. To me this is an unexecuted contract which I have no obligation to complete. Can anyone confirm if this is correct?

Thanks in advance!
Michael Beck

**A: oh brother, the blind leading the deaf. When are you people going to realize that there are actually professionals that specialize in these real estate things?

[annefan]

Why on earth would you SIGN a contract as seller first? Who made the offer to purchase here??

Once you sign a document like this and the buyer signs after, the buyer could feasibly change the terms of the contract after you give it to him and you will have to PROVE that you didn't agree in the first place! Good luck proving something you already signed for. Methinks you just "gave" your property away.

[JETX]

Originally Posted by annefan

Once you sign a document like this and the buyer signs after, the buyer could feasibly change the terms of the contract after you give it to him and you will have to PROVE that you didn't agree in the first place!

And of course, that isn't true. Any clear changes or alterations to the contract would have to be initialed by all parties.

[annefan]

And how about if the crafty purchaser placed words into the document that did not appear to be altered on paper? How easy would it be for the seller to prove he DIDN'T agree to something that looks to the naked eye like it was part of the original document?

[JETX]

Originally Posted by annefan

And how about if the crafty purchaser placed words into the document that did not appear to be altered on paper? How easy would it be for the seller to prove he DIDN'T agree to something that looks to the naked eye like it was part of the original document?

Presumably, you are assuming that the 'emailed copy' was an electronic file (and can be altered) when there is NO such suggestion in the thread. From the writers post, it is clear at least to me that it was a SCANNED document that was emailed ("The sales agreement I emailed to him showed a copy of my scanned signature"). And that could NOT be changed or altered as you suggestion without being obvious.

Further, electronic records could be used to show the ORIGINAL document (before any alterations).

[HomeGuru]

The bottomline is both Buyer and Seller are ignorant of contract law, especially the Seller.