Legal Question in Real Estate Law in California

I made an offer and they bank counterd it and i accepted it can they let someone put a cah offer on it now


Asked on 1/28/10, 4:27 pm

2 Answers from Attorneys

James Bame San Diego Law Office

To do so would expose them to liability for breach of contract. Contact me directly.

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Answered on 2/02/10, 4:36 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The facts you have stated seem to show formation of an enforceable contract. However, a couple other facts need to be verified. First, contract for the sale of real estate must be in writing and signed by the person to be sued. Does your documentation show an authorized signature by the selling bank on the counteroffer? Next, your acceptance of the counteroffer needed to be timely. Did you sign your counteroffer and get it into the hands of the bank within the time given you (expressly or impliedly) to accept? Finally, have you met all the conditions (if any) imposed by the bank's counteroffer (earnest money deposit, loan qualification, etc.)?

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Answered on 2/03/10, 9:29 am


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