Riverside, CA asked in Real Estate Law for California

Q: The seller, and the buyer have signed a counter offer. The purchase agreement seller didn't sign can seller back out?

both the buyer and the seller signed the counter offer. 3 days later, the buyer's agent sent a Cancellation of Contract, Release of Deposit and Joint Escrow Instructions. There is an escrow number, however, the instructions and deposit were never submitted to the escrow company. The buyer's agent is asking us to sign the cancellation notice and they but in the Release of Deposit that the deposit check was not in escrow. Why do I have to sign this if there is no escrow instructions and the buyer's agent has the deposit check? My agent says I have to sign this to close her records.

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1 Lawyer Answer
James Joseph Falcone
James Joseph Falcone
  • Sacramento, CA
  • Licensed in California

A: Your question is incomplete- you state that the seller signed the counter - did they accept the counter, or just acknowledge receipt of it? Also, what is the difference between the "seller," and the "purchase agreement seller?"

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