Legal Question in Real Estate Law in California

Re: Counter Offer

Just signing the counter offer does not create a contract. The acceptance must be communicated to the seller in th manner required by the counter offer. That could be by hand delivery or faxed delivery, and can be to the seller's agent or to the seller.

On a CAR contract, there is a place at the bottom for someone to acknowledge receipt of the contract, which proves receipt. If you can prove that you have communicated your acceptance to the seller or his agent, then you have a contract.

He could accept other offers, but they would be back-up to yours, and you could prevent the seller from selling the property to others.

Re: Counter Offer

There are numerous state laws in California involved in selling a home. There are various forms the seller is supposed to sign acknowledging that the home does have certain items i. e. hot water heater strap for one. So you need to get an escrow opened, established the escrow instructions, and set a time for a home inspection by a trained and experienced inspector (to protect you the buyer). The inspector may by now have to hae a license. I'm not sure of that. Assuming that you are not paying cash. You'll need a mold, dryrot, and termite inspections, and your lender will need to have an appraiser inspect the house. Sometime in all this melee you'll need to give the seller a down payment. this is so there is some consideration. Realtors do a lot of this work. If there's no realtor involved. You and the seller need to get humping. And since most of this is necessary to obtain your financing, and has to be done by the seller to protect you (the buyer). The seller needs to get humping. Lots of luck. This is not a complete answer but a rough guide to get you started. There's several state laws governing the sellers obligations to protect you. You always have the option of waiving these protections.

Re: Counter Offer

It sounds like you have a binding contract. If you do and the other side does not want to sell, you can bring an action for specific performance. If you fax me all of your agreements, contracts, and letters to 714 363 0229, I will provide you with free consultation.

Re: Counter Offer

If you met all the other requirements of the offer, then there would be a contract. Are there real estate agents involved here? If so, contact yours and have him/her get you an answer.