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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37804
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have a question concerning a sales contract. I Currently

Customer Question

Good morning!
JA: Hello. How can we be of help?
Customer: I have a question concerning a sales contract. I Currently have a property for sale in Colorado and received two offers at the same time in the same email string via electronic CTM contract. I accepted the first offer(the highest dollar amount) had to save as a PDF and sent to my Realtor. Then mistakely signed another lower offer via CTM, thinking I was completeing the first original offer. when this error was identified by my broker she immediately notified the broker on the second offer that the signed contract was sent in error. So at this point I have two signed contracts on my property, no EM or other consideration has been placed in escrow since this occurred last night. We are hoping the second buyer will terminate voluntarily and keep this simple. What options do I have if they attempt to continue with the purchase? What are "typical" remedies in this situation of this nature.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Colorado
JA: Has anything been filed or reported?
Customer: At this time no, Nothing on the part of the second buyer, since this all occurred last night we are trying to figure out options
JA: Anything else you want the lawyer to know before I connect you?
Customer: thats about it at this point
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I accepted the first offer(the highest dollar amount) had to save as a PDF and sent to my Realtor.

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How did you "accept" the first offer? Do you have something in writing that is time stamped to prove that you accepted the first offer first?

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Did you notify your broker you were accepting the first offer as soon as you got it?

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thanks

Barrister

Customer: replied 4 months ago.
immediately, she knew that was the offer I was accepting, not the second offer/counter offer. She advised the broker of the second offer that there had been an error made and his offer was NOT accepted. Additionally, we sent a voided copy of that contract stating that it was rejected. All of this was done using CTM contracts/email.
Expert:  Barrister replied 4 months ago.

Ok, then this is simply a mistake and would mean that there was no legal "meeting of the minds" so as to form a valid contract the second buyer. Since the second contract was mistakenly signed, it would not be legally enforceable and the realtor should tell his client this and just tear it up.

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But your recourse is to simply maintain that there is no valid contract with the second since you have proof it was mistakenly signed.

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I don't see the second buyer as having any legal standing here to pursue this and I have also been a licensed Realtor for over 14 years..

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thanks

Barrister