Legal Question in Real Estate Law in California

If a counter offer to purchase my property was signed by me and was excepted by buyers can I get out of it. It has only been a day.


Asked on 7/11/11, 3:02 pm

3 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

If you both signed it, and the terms are the same, and the Buyers did not reserve the right to "accept" (approve) your counter-offer, then you have a binding contract, and you are going to have to find a different reason to get out. There is no right of rescission period in a real estate contract - in fact, the contracts most realtors use actually have printed in bold-face type the fact that once you sign it, it is a final deal. You will want to have a local real estate lawyer review the contract to see if there is any other basis for you to get out, but changing your mind is not a valid reason.

*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. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 7/11/11, 3:09 pm
Terry A. Nelson Nelson & Lawless

You can try, but don't count on it. IF you can work out a cancellation, it MUST be in writing in correct and proper form to protect you from later suit. If serious about hiring counsel to help in this, and if this is in SoCal, feel free to contact me.

Read more
Answered on 7/11/11, 5:04 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You have an enforceable contract now, with the possible exception that any "contingencies" mentioned in the offer and acceptance would have to be considered from the aspect of who must remove them by some performance, and/or who may waive them. If there are no contingencies or they are all within the power of the buyers to control, the buyers now have a deal they can enforce through an action for "specific performance," a remedy wherein the court obliges the seller to sell to the buyer.

Read more
Answered on 7/11/11, 6:48 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California