Legal Question in Real Estate Law in Florida

Faxed Residential Sales Agreement

We have signed a contract on a home. We were countered offered by the seller in a faxed document. We initialed changes and faxed it back to the realtor. Is this a legal contract? We would like to cancel the contract because we asked the realtor to have the seller pay all closing cost that our grant would not. This did not happen. We ended up siging a contract that we did not fully understand. Our Good Faith Estimate of closing costs from the bank has us paying much much more than the amount we have. We can do not have the funds to complete the contract. Is a faxed document a legal contract? If not, can we get out of this or counter-offer the seller with more paying more closing costs?


Asked on 4/17/02, 9:21 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Faxed Residential Sales Agreement

A faxed copy of a contract is still a contract.

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Answered on 4/18/02, 5:40 am
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Faxed Residential Sales Agreement

Signing a contract that you do not fully understand is not a basis for canceling a contract. However, if you are not going to qualify for financing and the contract is subject to financing, then you will be able to get out of the contract upon timely notice of rejection of your loan application by the lender. Get a letter from a lender that states that you do not qualify for financing and your deposit should be returned and contract cancelled. Good luck.

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Answered on 4/17/02, 9:24 pm


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