Q: Is a real estate counter offer enforceable in CA if the original purchase agreement was not signed by seller?
I submitted an offer to buy a condo in CA. The seller failed to sign the original purchase agreement and contract to me or my agent, but did send a counter offer that we both agreed to. This went through 2 rounds, in which both counter offers were signed and agreed to by both parties. Is the offer to purchase the property legally binding with the original purchase agreement not signed by the seller and returned within the 3-day period as required in the purchase agreement language?
A:
In California real estate transactions, the enforceability of a counter offer in the absence of a signed original purchase agreement can be complex. Generally, a real estate contract, including a purchase agreement, becomes binding when both parties agree to the terms and signify this through their signatures.
If the original purchase agreement was not signed by the seller but both parties signed the counter offers, these counter offers may constitute a new and binding agreement. The key is whether the counter offers contained all the essential terms of the deal and were mutually agreed upon.
However, the specifics of your situation, such as the language in the purchase agreement and the nature of the counter offers, play a crucial role. In real estate law, the details can significantly impact the enforceability of agreements.
Given the intricacies involved, it's advisable to consult with an attorney who has experience in real estate law. They can review the documents and provide personalized advice based on the details of your transaction.
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