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I do have a question, Maple ridge, bc, Canada, In terms of…

I do have a...

I do have a question

Lawyer's Assistant: Where is the property located?

Maple ridge, bc, Canada

Lawyer's Assistant: Has any paperwork been filed?

In terms of the real estate contract?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Basically, my mother is the owner of a property. She has been going back and forth with offers and counter offers which she had signed, but 4 areas of the contract have yet to be initialed, (the closing date, the deadline for acceptance, the possession date and one more area on the 5 page contract). The property is not yet inspected, and would be subject to the sale of the potential buyers residence which is not yet listed. The offer was made for $100,000 under asking, which was agreed on but the terms I've outlined have not yet been met or initialed as they have been amended. My mother is having second thoughts on the immediate sale of the property. Is this still an executed contract or can she refrain from selling given the circumstances?

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Answered in 41 minutes by:

8/14/2017

Lawyer: Debra, Lawyer replied 5 years ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 148,267

Experience: Lawyer

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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

I am sorry to hear of this difficult situation.

Are you saying that your mother signed back and offer and is waiting to hear if they accept her signed back changes?

Customer reply replied 5 years ago

They had apparently accepted the counter offer but there is initials missing on amended dates (which , which my mother is not willing to initial at this point). They had liked the price and terms, but no dates have been initialed, so without these initialed dates I'm wondering if it is even possible to have a full contract. Our realtor is not exactly being cooperative either, and wants to.close for her commission. She is telling us to seek legal advice and is saying it's a binding contract even with it not being initialed on 2 pages on 4 areas. The details of the contract are fairly sticky at this point as well.

Customer reply replied 5 years ago

Here are the screen shots of the documents with uninitialized areas (with an acceptance deadline on the 2nd page not filled in)

Lawyer: Debra, Lawyer replied 5 years ago

The first screen shot will not fully open. But in any event, I understand the point.

Your mother signed back the offer with changes and they failed to initial the changes but signed the signed back offer again?

Is that it?

So is it clear they did accept your mother's changes?

Customer reply replied 5 years ago

My mother had failed to initial the amended closing dates and possession dates, our realtor had forgot to provide my mother with that page when it was amended prior to my mother sending the counter offer, that the other party had accepted terms to, but the dates had been changed on the counter offer and not provided to my mother to initial. The signature was provided prior to the ammendmentI guess if the contract is still legally binding even without this information being input and agreed upon (seems to me the closing date is as important as the purchase price), what would the cost and legal implications be at this stage trying to back out of the contract before any inspections have happened, or money has changed hands etc., what would a quick and smart course of action be? There isn't any other offers; She just doesn't want to follow through with the saleIt seems the 3rd page was never provided to my mother when she had accepted a counter offer, or the entire page was missed

Lawyer: Debra, Lawyer replied 5 years ago

So if that is the case then there is a serious and really a pending potential lawsuit.

The agent was negligent and can be sued if your mother suffers damages.

But she was not provided these changes and did not agree to them.

So this new offer is not binding. She did not accept their signed back offer.

She can take that position.

And by signing back her offer they did not accept her original offer.

Of course the agent wants her to go ahead. They are worried about being sued and with good reason.

For there to be a binding agreement there has to be an offer and an acceptance of that offer. There also needs to be a meeting of the minds and there was neither.

Does that help?

I do think your mother should be consulting with her own real estate lawyer and she will need one for the sale of course, whenever that happens.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer reply replied 5 years ago

Thank you Debra, and I will let you know of anything else if such a thing comes up. You'll definitely get a 5 star. Thanks again.Colin

Lawyer: Debra, Lawyer replied 5 years ago

I will be here when you need me.

Please be sure to click on the stars at the top of the page so the site will see the rating.

Thanks and take good care!

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 148,267

Experience: Lawyer

Verified

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