Legal Question in Real Estate Law in Pennsylvania
Is an E-Mail offer as good as a signed offer
Te owner(broker) for this house is in Dallas, TX. I made an offer on the house. The broker came back to me with a counter offer. I accepted the counter offer. After this some other offers were sent in and the broker backed out of the deal. All of this was done via E-mail, as tyhe broker is in another state. Would myself accepting his counter offer obligate him to the deal offered?
Thanks
John
1 Answer from Attorneys
Re: Is an E-Mail offer as good as a signed offer
Yes, e-mail is just as good as a signed acceptance. In this case, your acceptance was binding so long as you met all the conditions in his offer. In fact, when he extended his counter-offer to you he was bound to hold that agreement open either for the period stated in the counter-offer or for a reasonable period if there was no period noted.
When you accepted that agreement you bound both parties to the terms of the offer. Contrary to a popular misconception, the sale of property, as with anytthing else, takes place immediately when an offer or counter-offer has been accepted. The closing in a transaction is where the agreement is formalized, but the original agreement is binding as long as it met the conditions for a real property contract.
1) That it was specific (it identified the parcel to be sold).
2) That it had consideration (it identified a mutually acceptable price).
3) That it was in writing (email, by statute and precedent, has long been considered writing).
4) That it was signed by the party to be charged (the offeror sent you an email, which IS a binding signature).
5) That the agreement was accepted before it had expired.
Now as to your remedies: You will have to consider those with your attorney. You need to engage counsel right away to protect your rights
Contact me right away if you would like assistance with this matter. I strongly urge you not to try to handle this matter alone as there are many pitfalls you need to avoid.
Regards,
Roger Traversa
email: Roger Traversa