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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17503
Experience:  B.A.; M.B.A.; J.D.
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Can buyers or sellers pull out anytime during the

Customer Question

Can buyers or sellers pull out anytime during the offer/counter offer process?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,
I'm Lucy, and I'd be happy to answer your questions today.
An offer can be rescinded at any time before it's accepted. A person who receives an offer is free to reject it and walk away. The same is true of counteroffers. A counteroffer is, essentially, a rejection of the first offer combined with a second offer. So, until there is an accepted offer, either party can change their mind and walk away.
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Customer: replied 1 year ago.
Can you explain what is stated on the summon the builder is sueing for breach of contract in a New Contraction's purchase and Sales Agreement. The amount of damage suffered by the Plaintiff is estimated under $25,000. I was told from another attorney that the land was purchased a year ago. That the builder was going to build on the property regardless of me signing the contract or not. Is there a specialist in determining the authenticity of signatures. I have two different signatures of the realtor on the different Contract copies that were sent to the lender . Do I need an expert to present the difference in signatures.
Expert:  Lucy, Esq. replied 1 year ago.
If you didn't sign the contract, why is he suing you?
Customer: replied 1 year ago.
I signed the contract with realtor without the builders signature. The next day she sent the contract to him via fax or scan. I believe she signed, dated and put the time on the documents prior to sending them to the builder. When they sent the documents back to her she immediately forwarded them to my Lender without reviewing the document. If she would have reviewed the documents after he signed them she would have seen his changes and forwarded the document back to me for my counteroffer to agree or accept his changes. She never mentioned it to me. I saw on the contract we had until 5 o'clock the third day after I signed the initial contract to terminate the contract. Which I submitted a letter to the realtor to terminate both the realtor and the Purchase Agreement. When I submitted the letter, they responded back with a clean copy of the Purchase Agreement that's how I got three copies of the Agreement. I had to get out of the Agreement because my husband wouldn't be able to move with me Clarksville for some time due to a family matter. If the realtor would have done her job I would have not accepted his changes and this confusion would not exist. I tried talking with the Builder about my situation, he wanted me to give $3600 for expenses he incurred which he told us he would not for 21 days. I decided not give him any money. So now I am being sued.
Expert:  Lucy, Esq. replied 1 year ago.
I'm sorry to hear that you're being sued.
This is a significantly different question from the one you originally asked, and I'm afraid I'm not able to give you the time and attention it needs at 9 pm. I'm going to open this up to the other experts. Please do not reply, as that can cause delays.
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
I signed the contract with realtor without the builders signature. The next day she sent the contract to him via fax or scan. I believe she signed, dated and put the time on the documents prior to sending them to the builder. When they sent the documents back to her she immediately forwarded them to my Lender without reviewing the document. If she would have reviewed the documents after he signed them she would have seen his changes and forwarded the document back to me for my counteroffer to agree or accept his changes. She never mentioned it to me. I saw on the contract we had until 5 o'clock the third day after I signed the initial contract to terminate the contract. Which I submitted a letter to the realtor to terminate both the realtor and the Purchase Agreement. When I submitted the letter, they responded back with a clean copy of the Purchase Agreement that's how I got three copies of the Agreement. I had to get out of the Agreement because my husband wouldn't be able to move with me Clarksville for some time due to a family matter. If the realtor would have done her job I would have not accepted his changes and this confusion would not exist. I tried talking with the Builder about my situation, he wanted me to give $3600 for expenses he incurred which he told us he would not for 21 days. I decided not give him any money. So now I am being sued.
Response:If the builder made changes to the contract without your agreement, he has unilaterally changed the terms and the offer is no longer valid. You do not have an enforceable contract. So, the Builder does not have a case for breach of contract. Your agent should not have forwarded the documents directly to the lender without giving you the opportunity to see and review the fully executed contract.
As for authentication of signatures, there are indeed handwriting and signature experts that can determine whether a signature has been forged or altered. You can go do a Google search for signature Experts in your area.