E-mail Acceptance Of Offer

[melrose2000]

What is the name of your state?California

My landlord recently offered the home I rent for me to buy. We accepted his offer via e-mail, since the owners/sellers live in China. This was supposed to be a FISBO, but his wife asked for a realtor to get involved to write up the contract. The realtor was getting a small fee from the seller. My side signed the contract, got insurance, the property appraised, financing and we were waiting for the sellers to sign the contract. On the day we were to get the signed contract back from the seller and go into into escrow, the realtor and landlord both contacted me to tell me that they would not be selling. They told me they would continue renting to me and sell the home next year for a different price. They also told me that they were calling off the current sale, because the husband and wife (the sellers) were having sellers remorse about the price that they agreed on -- this is the price that was on the contract that I signed. For all I know, they did sign the contract and returned it to the realtor. I'm not sure. I feel that I've been screwed over by them and that they let this realtor change their minds about selling for below market value to me.

Since I do not have a signed contract from them -- only e-mail acceptances of the price -- do I have any recourse? Can I file a LIS PENDENS to obtain the property at the agreed price sometime in the future? I don't know what the ramifications of this would be -- I assume it would aggitate them.

Thanks.

[HomeGuru]

Originally Posted by melrose2000

What is the name of your state?California

My landlord recently offered the home I rent for me to buy. We accepted his offer via e-mail, since the owners/sellers live in China. This was supposed to be a FISBO, but his wife asked for a realtor to get involved to write up the contract. The realtor was getting a small fee from the seller. My side signed the contract, got insurance, the property appraised, financing and we were waiting for the sellers to sign the contract. On the day we were to get the signed contract back from the seller and go into into escrow, the realtor and landlord both contacted me to tell me that they would not be selling. They told me they would continue renting to me and sell the home next year for a different price. They also told me that they were calling off the current sale, because the husband and wife (the sellers) were having sellers remorse about the price that they agreed on -- this is the price that was on the contract that I signed. For all I know, they did sign the contract and returned it to the realtor. I'm not sure. I feel that I've been screwed over by them and that they let this realtor change their minds about selling for below market value to me.

Since I do not have a signed contract from them -- only e-mail acceptances of the price -- do I have any recourse? Can I file a LIS PENDENS to obtain the property at the agreed price sometime in the future? I don't know what the ramifications of this would be -- I assume it would aggitate them.

Thanks.

**A: you have no contract, you have nothing. You put the cart before the horse.

[cirrus]

Not so fast.

I recently e-mailed an acceptance of an offer to buy my property in VT. In my e-mail acceptance I stated that my attorney would be drawing up a "legal agreement of sale". A few days later, before he drew up the agreement, before anything was signed, I changed my mind and recinded my acceptance. My attorney said "No problem - nothing's in writing." A few weeks later I sold the property to another party at a substantially higher price.

Lo and behold... I am being threatened with a lawsuit for breach of contract under the federal "Electronic Records in Global and National Commerce Act of 2000" popularly know as "E-sign". which supercedes just about everything and appears to stand the "Statute od Frauds" on it's head.

My attorney is being vague as to my chances now, saying "Don't worry." "This is America. Anyone can sue anyone at anytime." "You had an agreement on price only" "You don't live in VT" "You don't own property in VT anymore."

I feel I'm OK because E-Sign allows either party to opt for a traditional paper contract, which I did did when I stated in my acceptance of the offer that my attorney would "draw up a legal agreement of sale."

However, who knows? It's adifferent world out there. Consult an attorney well versed in E-Sign if you really want the property.

[HomeGuru]

Originally Posted by melrose2000

What is the name of your state?California

My landlord recently offered the home I rent for me to buy. We accepted his offer via e-mail, since the owners/sellers live in China. This was supposed to be a FISBO, but his wife asked for a realtor to get involved to write up the contract. The realtor was getting a small fee from the seller. My side signed the contract, got insurance, the property appraised, financing and we were waiting for the sellers to sign the contract. On the day we were to get the signed contract back from the seller and go into into escrow, the realtor and landlord both contacted me to tell me that they would not be selling. They told me they would continue renting to me and sell the home next year for a different price. They also told me that they were calling off the current sale, because the husband and wife (the sellers) were having sellers remorse about the price that they agreed on -- this is the price that was on the contract that I signed. For all I know, they did sign the contract and returned it to the realtor. I'm not sure. I feel that I've been screwed over by them and that they let this realtor change their minds about selling for below market value to me.

Since I do not have a signed contract from them -- only e-mail acceptances of the price -- do I have any recourse? Can I file a LIS PENDENS to obtain the property at the agreed price sometime in the future? I don't know what the ramifications of this would be -- I assume it would aggitate them.

Thanks.

**A: sorry, you have no deal because you have nothing in writing. The email does not constitute a contract but merely an offer.