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When is a contract a binding contract? KY

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sheboygin

Junior Member
What is the name of your state? KY

We had our sale for home by owner when someone made us a low ball offer. After 3 weeks of emails and negotiation we agreed to a price contigent upon receiving 3% of the purchase price as earnest money, along with the buyer not paying for anything further (i.e inspections), that we close by a certain date and finally that we receive a written purchase agreement with the above written in it. We told them we would continue to show the home until we got everything in writing.

The buyer responded (via email) that he would work on the above and we would hear back from them.

1 week later the contract is dropped off at our home, with no earnest check - and they wrote they would only give us $500.00 as earnest money, had different closing dates (1 month after we had talked about closing), had us paying for inspections etc. The contract they had dropped off said it expired in 24 hours. We were so frustrated we let it expire and did not commuicate with them further. Nor did we hear from them so a week after the 'contract' expires we listed our house with a realtor and signed a contract with someone else in 6 days with no hassles.

Now these people are claiming breach of contract - we never signed anything nor did we get any money. They are also trying to claim discrimination because they are a minority - but if they had met all our contingencies we would have signed the contract the day they dropped it off and they would have a house.

Everyone we've talked to says they have no case - are they right? Our concern is that their complaint interfere with the sale of our home.

Thanks.
 


PghREA

Senior Member
An offer is not a binding contract until both the Buyer and Seller agree to the terms, initial any changes and sign the contract. You never signed it - so no contract.
 

HomeGuru

Senior Member
sheboygin said:
What is the name of your state? KY

We had our sale for home by owner when someone made us a low ball offer. After 3 weeks of emails and negotiation we agreed to a price contigent upon receiving 3% of the purchase price as earnest money, along with the buyer not paying for anything further (i.e inspections), that we close by a certain date and finally that we receive a written purchase agreement with the above written in it. We told them we would continue to show the home until we got everything in writing.

The buyer responded (via email) that he would work on the above and we would hear back from them.

1 week later the contract is dropped off at our home, with no earnest check - and they wrote they would only give us $500.00 as earnest money, had different closing dates (1 month after we had talked about closing), had us paying for inspections etc. The contract they had dropped off said it expired in 24 hours. We were so frustrated we let it expire and did not commuicate with them further. Nor did we hear from them so a week after the 'contract' expires we listed our house with a realtor and signed a contract with someone else in 6 days with no hassles.

Now these people are claiming breach of contract - we never signed anything nor did we get any money. They are also trying to claim discrimination because they are a minority - but if they had met all our contingencies we would have signed the contract the day they dropped it off and they would have a house.

Everyone we've talked to says they have no case - are they right? Our concern is that their complaint interfere with the sale of our home.

Thanks.
**A: they have no case.
 

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