Legal Question in Real Estate Law in California

Verbal offer and acception of property

After days of negotiation, a verbal offer for the sale of a home in which the broker owned was verbally accepted by me an agent. We were to meet a couple of days later to start escrow. Anyway, we met, to start escrow and he said that he doesn't want to sell until he finds another property to do a 1031 exchange for.


Asked on 1/29/04, 4:42 pm

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Verbal offer and acception of property

Even with detrimental reliance, you are probably in an uneforceable situation with little or no damage potential. Sorry. (If you signed a letter of understanding or agreement to agree, the outcome will change).

Joel Selik

Attorny/Broker

800-894-2889

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Answered on 1/30/04, 6:40 pm

Re: Verbal offer and acception of property

Contracts to sell real property must be in writing. Civil Code �1624(3). Code of Civil Procedure �1971. You don't have a contract yet.

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Answered on 1/29/04, 5:01 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Verbal offer and acception of property

As an agent you should know that agreements for the sale and purchase of real property must be in writing. What contract?

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Answered on 1/29/04, 7:49 pm


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