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Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24870
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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If a seller has 3 days to answer a counter offer and does not

Customer Question

If a seller has 3 days to answer a counter offer and does not answer that counter offer, what happens? Can the buyer force the sale of the home anyway?
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Law Pro replied 4 years ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is Fred and I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.

If a seller has 3 days to make a counter offer - there is no contract.

First, an offer is only an "offer" till "accepted" as to the offer's complete terms.

If the offer is subject to any additional "contingencies" whatsoever - it's a "counter-offer".

If an "offer" is only good for a specific number of days - then the offer lapses and there is no longer an "offer".

If there are any changes in any way to the "offer" that's a counter-offer and not a binding contract.

You asked:

If a seller has 3 days to answer a counter offer and does not answer that counter offer, what happens? Can the buyer force the sale of the home anyway?


Answer - the offer lapses and there is NO longer an offer.

No, the buyer can't force the sale of the home UNLESS the seller accepts the buyer's offer 100% without any changes whatsoever.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 4 years ago.

we went into contract, with the asking price set contingent on the inspection. So the insoection came back that it needed a new roof, so we sent in a counter offer, they countered with an offer of their own which we then refused and countered again. They asked for an extra day, my agent said sure, so we still don't have answer. I want to know if the house is now gone. Or what recourse I have.


 

Expert:  Law Pro replied 4 years ago.

You stated:

 

we went into contract, with the asking price set contingent on the inspection.

 

THAT'S COMMON AND USUALLY DONE.

 

So the insoection came back that it needed a new roof, so we sent in a counter offer, they countered with an offer of their own which we then refused and countered again. They asked for an extra day, my agent said sure, so we still don't have answer. I want to know if the house is now gone. Or what recourse I have.

 

 

YOU ARE STILL IN NEGOTIATIONS - NO BINDING CONTRACT. THERE HAVE BEEN OFFERS AND COUNTER-OFFERS THAT HAVEN'T BEEN ACCEPTED.

 

SO, UNTIL AN OFFER IS ACCEPTED - THAT THE OFFER ACCEPTED GIVEN THE CONTINGENCIES OF THE ROOF AND OTHER PROBLEMS - THERE IS NO BINDING ENFORCEABLE CONTRACT FOR EITHER PARTY.

 

 

 

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

Expert:  Law Pro replied 4 years ago.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!