Legal Question in Real Estate Law in California
If I make an offer and give the other party a check, and they cash it, does that seal the deal?
1 Answer from Attorneys
Perhaps, but not necessarily. A court will always try to determine "the intent of the parties." Additional questions a judge might ask could include (1) was the offer in writing? (2) Did the offer specify or imply what would constitute acceptance? (3) Does the size of the check suggest that it was offered as full payment, a down payment, or a mere security deposit? (4) If the check wasn't payment in full, was the deal contingent upon arranging the rest of the financing? (5) Does it appear from all the evidence that all conditions to a transfer of title were met? .....and so on. I should add that the law ordinarily requires contracts for the sale of real estate to be in writing and to contain all the "essential terms," but judges sometimes construct ways around these requirements in order to do justice