Legal Question in Real Estate Law in California

counter offer

I have accepted the seller's counter offer, seller has not signed contract, what rights do I have?


Asked on 7/16/08, 5:49 pm

3 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: counter offer

There is a slight twist to Mr. Selik's answer. Assuming that the deal involves licensed real estate salespeople/brokers, there is a 90% chance that the deal was prepared using the California Association of Realtors' standard forms. On the CAR standard form Counter Offer, there is a box that can be checked by the Seller making the counter-offer which says essentially that the Seller is making multiple counter offers, and your signature accepting the counter offer is not valid until again accepted by the Seller. If that box is checked, you probably cannot force a sale. If it is not checked, you may have grounds to force the sale, but I would strongly suggest having an attorney review the documents and advising you.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/17/08, 12:24 pm
Joel Selik www.SelikLaw.com

Re: counter offer

You can force the sale, and or sue for damages.

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Answered on 7/16/08, 6:36 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: counter offer

If the seller hasn't signed the counter offer, the seller hasn't made a counter offer. If the seller signed the counter and you signed in time indicating your acceptance, you have a contract and you can sue for damages or for specific performance or both if the seller refuses to honor the conteract.

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Answered on 7/19/08, 3:13 pm


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