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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 99506
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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We are selling our house. we got an offer but said no we

Customer Question

We are selling our house. we got an offer but said no we countered and the buyer countered. my wife sent back an email saying we agree on the latest offer w/o looking at the contingency sheet attached. We do not agree with the contingencies and refuse to sign the purchase and sale agreement with attached contingencies.
Are we still libel because of the email
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Ely replied 7 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You are talking about offer and acceptance, which is a contractual doctrine.

If an offer is made and an acceptance is made, then a contract is formed.

If an offer is made and a counteroffer is made back, then there is no contract.

However what has happened is that the buyer sent a counteroffer again, and then your wife replied and made an acceptance.

If so, then there is (arguably) a binding contract. This is because in NH, the Uniform Electronic Transaction Act has been adapted. Under the Act, a record or signature may be seen as binding. By writing back "we accept these terms," she essentially made an acceptance. Her failure to see the attached contingency does not change that fact and is equivalent of a person failing to read the contract before signing it - she would still be bound.

Someone in your situation can TRY to get out of the contract by arguing that she could not have been expected to see the attachments as part of the contract. If this can be proven, it can be argued that there was no "meeting of the minds" and thus, no contract formed. (A valid, enforceable contract requires offer, acceptance, consideration, and a meeting of the minds. Tsiatsios v. Tsiatsios, 140 N.H. 173, 178 (1995)). However in this day and age, it is pretty obvious to most people that attachments to email are part of the email. Ergo, this would be a weak affirmative defense if the buyer tries to force the contract.

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Expert:  Ely replied 7 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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