• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

selling home

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

V

vgsn2000

Guest
I am selling my home. A buyer was interested and I sent them a copy of the contract I had done up. No deposit was ever made by buyer. I never asked for one. The contract also had no signatures or dates from either party. Another buyer came along and gave me a deposit. I took it and called the other buyer and told them it was sold. They say their going to sue me because I sold it out from under them and I should have told them someone else was interested or asked to send a deposit or a right of refusal. They had been approved at their bank but had not went to sign the final papers and pick up the check.
I am an individual selling my home. Do these people have a case, even though the form has no signatures and had no money on the house.
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by vgsn2000:
I am selling my home. A buyer was interested and I sent them a copy of the contract I had done up. No deposit was ever made by buyer. I never asked for one. The contract also had no signatures or dates from either party. Another buyer came along and gave me a deposit. I took it and called the other buyer and told them it was sold. They say their going to sue me because I sold it out from under them and I should have told them someone else was interested or asked to send a deposit or a right of refusal. They had been approved at their bank but had not went to sign the final papers and pick up the check.
I am an individual selling my home. Do these people have a case, even though the form has no signatures and had no money on the house.
<HR></BLOCKQUOTE>

No they do not have a case. You may have a case later if you do not use an attorney or a real estate agent to help you. From your post, it is apparent that you do not understand the aspects of real estate sales and contract law to properly represent yourself.
 
L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Well, you have to look at the contract. If it is not signed by them or you, it is not enforceable. Then you look at the verbal exchange of language. If all you did was give them a contract but made no indication the house was sold to them, then they have no case.

They could try to say they detrimentally relied on the contract given to them, thinking it was a deal, but you need to have a signed written agrement to purchase property under the STATUTE OF FRAUDS.

I think they are just mad at their own stupidity. Next time, please get a broker to handle all of this.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top