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?
3 Answers from Attorneys
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.
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Re: counter offer
You can force the sale, and or sue for damages.
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.