Q: In a probate case. Closing date was May 7, 2024. Can't close escrow, uninsured deed Agent left begin/end dates blank

A: Thank you for your question!

A valid contract needs mutual assent. This means that unless you sign the agreement, no contact is formed. However, to protect yourself, in a conspicuous language in writing, communicate to the agent that you do not want the agreement to be formed. This way you will prevent him from claiming reliance on your words later.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

A: Based on the details you provided, it seems like there are a few issues at play here:

1. The original closing date of May 7, 2024 has passed without the escrow being able to close. This could be due to various reasons, such as issues with funding, title, or other contractual obligations not being met.

2. The deed appears to be uninsured, which may be causing complications in the closing process. Title insurance is typically required by lenders and provides protection against defects in the title.

3. The original agent left the begin and end dates blank on the contract, which could lead to ambiguity and potential disputes.

4. The agent asked you to sign a new contract with different dates, which you declined. They then had a different person send you a new contract with a different begin date and extended close date, which you have not signed.

Under California law, real estate contracts must be in writing and signed by the parties to be enforceable (Statute of Frauds). Any changes to the original contract, such as extending the closing date, would typically require a written addendum signed by both parties.

If you are not comfortable with the terms of the new contract, you are not obligated to sign it. However, keep in mind that if the original contract has expired and you do not sign a new one, the transaction may fall through.

I recommend the following steps:

1. Review the original contract carefully to understand your rights and obligations.

2. Consult with a qualified real estate attorney to assess your situation and provide guidance on how to proceed.

3. Communicate with the other party (either directly or through your attorney) to try and resolve any issues preventing the closing from taking place.

4. If you decide to move forward with the transaction, ensure that any new contract or addendum clearly outlines the terms and is signed by both parties.

Remember, this is a complex situation, and it's essential to protect your interests. Seeking legal advice from a professional familiar with California real estate law is highly recommended.