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?
1 Answer from Attorneys
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.