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My client put in an offer on a home. The sellers did not…

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My client put in an...
My client put in an offer on a home. The seller's did not accept it because it was continengent on the sale of my client's current home. After dicussing with mortgage broker my client removed the contingency since they were able to. the seller's then countered with a full price offer, non contingent. My client accepted that offer but asked that we raise the price enough to allow them to get closing costs included but not changing the seller's botXXXXX XXXXXne. The seller's agent said to me on the phone, they won't have a problem with that as long as their botXXXXX XXXXXne is the same. The SELLER's agent then wrote up the counter off in contract form and emailed it to me to have my client sign first as their client was out of town. We signed and returned it. The next day the realtor called and said they had received an above full-price offer that morning and were taking that offer. Do we have any grounds here or b/c they hadn't signed the counter we are out of luck.
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 3 minutes by:
6/14/2010
Real Estate Lawyer: Tina, Lawyer replied 8 years ago
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 33,167
Experience: 17 years of legal experience including real estate law.
Verified

Thank you for contacting JA.

 

Since your clients accepted the offer, which was presented by the seller, there is an enforceable contract and the client can file a petition to enjoin the seller from entering into a new contract AND sue for specific performance of the contract.

 

It would require representation by a property law attorney to succeed in enforcing the contract.

 

 

Best regards XXXXX XXXXX

Tina

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