Sales Contract

Seller accepted my contract and added three additional terms that neither materially changed my offer nor did she condition her acceptance on my assent to her additional terms. The terms are very incidental by the way. After accepting my contract, within a day, seller signs another contract -- for more money I suppose. Now, she claims that my contract is not enforceable b/c I would have had to accept her additional terms before she signed the new contract. She is following through with the other party she contracted with. I think she's crazy. And I think I have a legally enforceable contract. What do you think? What are my chances of finding a lawyer to do this case on a contingent basis? If I'm not able to locate an attorney who will take this on a contingent basis, is it possible to recover attorney fees? What other damages am I entitled to -- especially if she sells the house before I can get to court?

Legally, the issue is whether she accepted your offer and asked you to do her some favors, or whether she made a counter-offer.

Did you accept the counter-offer before she signed the other contract? Your contract is formed when you sign it, not when you tell her you signed it. Also, did the counter-offer she sent you give you 3 days to accept? If so, she has to give you actual notice of withdrawal of the offer _before_ you accept it or your contract prevails.

To put a screaching halt to the other sale, RECORD YOUR CONTRACT to purchase the house under the house's parcel number. Also, send copies of the contract and notice that you recorded it to all the title insurance/escrow companies in town. No title company in the country will issue insurance until this mess is cleaned up. She won't be able to close. This buys you time to find/save up for a lawyer.

A contingent fee is probably not allowed under the rules of ethics in your state.

However, in a specific performance suit, attorney fees and costs are often awarded. Read the counter-offer to see if prevailing parties get reimbursed for fees and costs.

If she somehow manages to close the sale, and your contract was valid, you are entitled to return of your earnest money, and reimbursement for the extra money you had to spend to find a comparable house in a comparable neighborhood. (If you find a cheaper house, you get no damages but are still ahead of the game.)


Go forth and fight dirty!

Tracey

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.