Legal Question in Real Estate Law in California

I received an offer on my property and countered with a higher amount, it was accepted. I want to rescind the counter offer is this fraud?


Asked on 7/29/12, 10:22 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Probably not. The buyer would have to prove an intent to deceive at the time you made the counter-offer. Most likely you had a change of mind rather than a grand plan to "bait and switch" from the get-go.

However, the buyer very well may be able to take you to court for breach of contract and obtain a judgment for "specific performance," a remedy under which you would be obliged to complete the sale under the terms of your counter-offer.

So, there is still a certain amount of legal peril in rescinding your counter-offer. I'd advise consulting with a real estate lawyer before backing out of the deal. Maybe he or she can find some legal reason to invalidate the contract formed by the acceptance of your counter.

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Answered on 7/30/12, 9:01 am


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