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real estate contract?

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W

wisc

Junior Member
What is the name of your state?virgina
Scenario:
Made an offer to buy a house for 177K. Agent calls me the night the offers were going to be presented and asked how high I wanted to go if we get in a bidding war? I gave her my figure. I was out of town and got a call that we had gotten the house for 179K. Obviously, I was happy. Our agent went over to pick up the contract. The owners signed the change from 177 to 179 and my agent left with the contract. On the way to fax it to over to my hotel room the selling agent called and said they had a verbal offer of 185K and wanted to cancel our contract. My agent wanted to do it, I said no fax the contract to me. I signed it and faxed it back. My agent called the selling agent and said I had signed the contract.
The selling agent proceeded the next day to fax a rejection letter to my agent and accept another offer.
Main question: Do I have a ratified contract? My agent and her broker said yes. However, the senior broker says no. I don't really care what an agent thinks what says the law?
 


S

seniorjudge

Guest
wisc said:
What is the name of your state?virgina
Scenario:
Made an offer to buy a house for 177K. Agent calls me the night the offers were going to be presented and asked how high I wanted to go if we get in a bidding war? I gave her my figure. I was out of town and got a call that we had gotten the house for 179K. Obviously, I was happy. Our agent went over to pick up the contract. The owners signed the change from 177 to 179 and my agent left with the contract. On the way to fax it to over to my hotel room the selling agent called and said they had a verbal offer of 185K and wanted to cancel our contract. My agent wanted to do it, I said no fax the contract to me. I signed it and faxed it back. My agent called the selling agent and said I had signed the contract.
The selling agent proceeded the next day to fax a rejection letter to my agent and accept another offer.
Main question: Do I have a ratified contract? My agent and her broker said yes. However, the senior broker says no. I don't really care what an agent thinks what says the law?
Click to expand...

The owners signed the change from 177 to 179 and my agent left with the contract.

This was supposed to be a counteroffer from you; the owners had no right or authority to change what you were offering.

Therefore, you had no contract.
 
W

wisc

Junior Member
Maybe I didn't explain this correctly. We offered the 179 and had to mark out the original 177 and write in 179(my agent did this). We then made the standard cross by the change and the buyers initialed it. On the way to fax it to me is when they called to change their mind. Does this change the situation? Thank you for your help.
 
H

HomeGuru

Senior Member
wisc said:
Maybe I didn't explain this correctly. We offered the 179 and had to mark out the original 177 and write in 179(my agent did this). We then made the standard cross by the change and the buyers initialed it. On the way to fax it to me is when they called to change their mind. Does this change the situation? Thank you for your help.
Click to expand...
**A: no, it does not change the situation.
 
W

wisc

Junior Member
I appreciate eveyone's advice. I spoke with 3 real estate lawyers about this issue. Two of them were adamant that this was my house. The third was more cautious. I have a meeting with the cautious one tomorrow. I was trying to decide whether to waste my time not to mention his. The two people who posted seem just as adamant that I don't have a case as the two attornies who said I did. Are you gentlemen/ladies attornies? Just looking to gauge the advice I'm getting. I fully understand the attornies want my business, they also have bills to pay.
Thank you.
 
Last edited:
H

HomeGuru

Senior Member
wisc said:
Maybe I didn't explain this correctly. We offered the 179 and had to mark out the original 177 and write in 179(my agent did this). We then made the standard cross by the change and the buyers initialed it.

**A: ...the buyer's initialed it? I thought you were the Buyer's?
Click to expand...
 
W

wisc

Junior Member
Good catch. The sellers initialed it. My agent was on the way to fax it to me when they called and stated they had a verbal offer that beat my offer (that they just initialed).
Thanks
 
H

HomeGuru

Senior Member
Here is what happened. The Seller made a Seller's Counter Offer and withdrew said offer BEFORE you accepted the Seller's Counter Offer via fax.
Therefore there was no meeting of the minds and no enforceable contract.
The reason the attorney's gave you a different response is probably due to your poor and confusing explanation of events as evidenced by your posts on this thread.
I don't want or need your business. Read my profile if you need to know what I do.
 
W

wisc

Junior Member
So the sellers can withdraw their offer verbally, after I've accepted it verbally and waiting to sign. Wasn't trying to offend you.
 
P

PghREA

Senior Member
wisc said:
So the sellers can withdraw their offer verbally, after I've accepted it verbally and waiting to sign. Wasn't trying to offend you.
Click to expand...
There are no enforceable verbal agreements in real estate.
 
B

BradleyS

Member
PghREA said:
There are no enforceable verbal agreements in real estate.
Click to expand...
Or better yet, no buyer can be held accountable for any agreement concerning real property that is not in writing.

How's that HG?
 
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