Unsigned Sale Contract offer and verbal agreement

My house is For Sale By Owner in Florida and during our first open house, a group presented an offer, we countered verbally a few times on site. They drew up a contract for sale and purchase. When they finished producing the document, they signed it and handed over a $1000 deposit to be held in trust. We never signed the contract offer in any way. We said we would have to have an attorney look over the papers and then we would get back to them. The contract stipulated that it was null and void a few hours later, under Time for Acceptance. We never signed this contract, and have since agreed to accept a different contract. They were upset when we informed them that day and now say they will file an injunction tomorrow. I have talked to a attorney from out of state who insists that the document is pretty clear, and without signatures on the written document (of which we are the only holders, they do not even have a copy) that it is null and they have no legal recourse. My wife and I are scared, and that was probably the desire of the other party, but we just wondered if you see any proper legal recourse they could take. Of course we offered to counter, but they would not deal, and we offered to make sure they were returned the check, which they told us to keep (I am sure they think this helps boost their case). Do you see any proper legal recourse from them against us? They insist we had an oral agreement upon our attorney checking the papers and since this happened, our attorney said that we should not deal with them. But since he is just one person, and out of state, I was looking for a second, or thrid opinion. Any assistance would be greatly appreciated! Thank you

[JETX]

"Do you see any proper legal recourse from them against us?"
*** No. Since you never signed the contract and it subsequently expired, they have no claim that a valid contract existed.
Copy the check and mail it to them or their agent (certified RRR).

"They insist we had an oral agreement"
*** State law requires that ANY contract for real property be in writing to be valid.

[HomeGuru]

Here is your thrid opinion. I agree with JETX.

Hi all,

Thanks for responding so fast! That really helps ease my mind after a sleepless night.. It is also what my out of state attorney mentioned, but I thought it was possible that Florida had a law he was not aware of in this instance. All my online searches found pretty much the same thing, real estate transactions require written, signed contracts. The person that was upset was also the one trying very hard to act like a used car dealer during the middle of our open house as others were touring our home. We almost certainly would have accepted his offer and closed if he would not have been so pushy and would have had the mortgage pre-approval. But those things are exactly why we made sure we did not sign until we had a chance to think it over and conclude our open house and then pick the offer we like best to accept.
Thanks again!

Mike

[JETX]

What is the name of your state?

Originally Posted by mikeydo

All my online searches found pretty much the same thing, real estate transactions require written, signed contracts.

And here is the citation to the Florida statute:
"689.01 How real estate conveyed.--
No estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in or out of any messuages, lands, tenements or hereditaments shall be created, made, granted, transferred or released in any other manner than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring or releasing such estate, interest, or term of more than 1 year, or by the party's agent thereunto lawfully authorized, unless by will and testament, or other testamentary appointment, duly made according to law; and no estate or interest, either of freehold, or of term of more than 1 year, or any uncertain interest of, in, to or out of any messuages, lands, tenements or hereditaments, shall be assigned or surrendered unless it be by instrument signed in the presence of two subscribing witnesses by the party so assigning or surrendering, or by the party's agent thereunto lawfully authorized, or by the act and operation of law."

[HomeGuru]

Yes, the statute of frauds.