Q: Is this VA real estate contract of purchase enforceable?
The VA Real Estate Contract of Purchase was submitted to Seller on Friday, Seller's agent responded by text on Saturday to Buyer's agent that the offer had been accepted (no changes to terms). Seller's agent stated he would obtain Seller signature and send agreement to Buyer's agent on Monday. On Sunday, Seller's agent contacted Buyer's agent saying Seller had a change of plans and would not be selling the property. As the Seller's agent had confirmed Seller acceptance via text, which I understand is considered "written" and admissible in VA courts as evidence, isn't this contract binding? Thank you for your time and consideration.
A:
There certainly is a decent legal argument that the contract was concluded, but you would have the burden of proving that the acceptance was by an authorized agent of the seller and that the acceptance was unconditional. Those will be factual questions, which means a trial. That is not an inexpensive proposition, and the Purchase Agreement may shift the burden of attorneys fees to the prevailing party or, even, be a one-sided attorney's fees provision. The Virginia courts will tend to enforce the contract as written regardless of whether you read or understood it, so you need to understand it now. If it contains a clause that says that acceptance occurs only when the parties have each signed, that clause is also probably enforceable. In short, you need a contract review.
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