Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Is an Agreement for the Sale of Commercial Real Estate

Customer Question
Is an Agreement for...

Is an Agreement for the Sale of Commercial Real Estate binding if only the Husband signs the Agreement although both the husband and wife are on the deed for the property

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

Just the Agreement to sell the real estate, actually the only signatories were me and my partner our wives who are on the deeds did not sign

Lawyer's Assistant: Where is the property located?

PA

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

No thank you

Submitted: 6 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
3/15/2018
Real Estate Lawyer: Ray, Lawyer replied 6 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 49,651
Experience: Texas Attorney for 30 years dealing in real estate
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer replied 6 months ago

The PA statute of frauds requires all parties with ownership interests to sign such a contract for it to be valid.If parties are missing it is not valid and legally enforceable.

Reference to the law

The concept of a statute of frauds is borrowed from English common law. In fact, Pennsylvania’s primary statute of frauds dates back to 1772, when Pennsylvania was still a British colony. This statute, codified at 33 P.S. § 1, provides in essence that all conveyances of an interest in land, including leases for periods in excess of three years, must be in the form of a signed writing in order to be enforceable in a court of law. In short, a purported oral conveyance of real estate is of no legal effect. The rule extends not just to conveyances of full fee title, but also to agreements for the sale of real estate, easements and brokerage or listing agreements.

The rationale for the statute of frauds is that requiring a signed writing will prevent or at least radically limit attempts to enforce unfounded and fraudulent claims against the real estate of another. The statute reflects a recognition that the higher the stakes in a transaction, the greater the incentive to fabricate or distort an agreement, and, therefore, the greater the need for requiring a signed writing. Thus, the statute of frauds drastically reduces the opportunity for fraud, perjury and similar mischief in real estate transactions.

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.Let me know if you have more.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 49,651
49,651 Satisfied Customers
Experience: Texas Attorney for 30 years dealing in real estate

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

49,651 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I am on a deed of a property owned with my soon to be ex
I am on a deed of a property owned with my soon to be ex husband. I found out he took our property off the market in November and He has just resisted and reduced the price by $300K two days ago with … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
What kind of damages could the two husbands who signed an
What kind of damages could the two husbands who signed an Agreement of Sale without their wives (agent did not require wives to sign) be exposed to in breach of contract action?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Only Husband signed the selling agreement, closing was
only Husband signed the selling agreement, closing was scheduled after 3 months, one week before wife said she doesn't want to sell and will not sign in CA? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Husband refinanced a premaritial loan, wife is not on note
husband refinanced a premaritial loan, wife is not on note or application to bank , house is titled both names , deed of trust was signed by both parties and settlement officer assured wife is not res… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Hello,back in the beginning of 2006 my familie"s building company
Hello,back in the beginning of 2006 my familie"s building company purchased a building lot under our corporation. A little more than half of the funds were provided to us by someone that we knew wanti… read more
socrateaser
socrateaser
1,031 satisfied customers
I had an oral agreement with a local farmer in PA to sell
I had an oral agreement with a local farmer in PA to sell a farm I own to him. Nothing was ever committed to writing regarding the sale including no email exchanges. However several third parties were… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
ABC house buyers have made us "an offer to purchase real estate"
ABC house buyers have made us "an offer to purchase real estate" and we accepted the offer and all signed the document. No money has exchanged hands, no earnest money or deposit. Just happened to be o… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Texas Real Estate - Here is a messy one. My wifes mother
Texas Real Estate - Here is a messy one. My wife's mother ("Mom") passed away in 2011 intestate. While trying to sell the house, we uncovered some interesting title issues raised by the title company.… read more
mclemorelawyer
mclemorelawyer
Doctoral Degree
4 satisfied customers
2 brothers and their wives are all 4 listed as owners on deed
2 brothers and their wives are all 4 listed as owners on deed of commercial property; Business is currently operated by brothers. Brothers have been trying to sell property for 1.5 yrs., with no luck … read more
kattorney
kattorney
attorney
Doctoral Degree
209 satisfied customers
my brother and I co own a piece of land. I signed a contract
my brother and I co own a piece of land. I signed a contract to sell with a real estate agent and have signed a contract for sale and my brother had not endorsed either, although he is clearly a partn… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Woman wants to sell old home. All natural children have signed
Woman wants to sell old home. All natural children have signed over their possible rights to the property. the wife of one son claims a twenty five percent part of sale proceeds. is this legal? What r… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
My husband is selling a property separate from our home that
My husband is selling a property separate from our home that he re-habbed under an LLC structure company. the company was set up and the property bought during our marriage. The title company says I m… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
This is in Pennsylvania. A married couple purchased a real
This is in Pennsylvania. A married couple purchased a real estate property in 1998 in their name. The husband transferred deed over to wife in 1999 for million dollars. Deed however says that it was o… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Prior to our marriage (and during) my husband entered into
Prior to our marriage (and during) my husband entered into a Tennants in Common Agreement with his ex-wife to purchase a farm in Southern Pines, NC. I am currently the primary on the mortgage and I am… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Can a real estate sell my commercial property without my consent
Can a real estate sell my commercial property without my consent in Illinois? My husband thought he was signing a contingency agreement and told him to send the contract to me since I am a partner and… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Simple question, Id think: In Florida, regarding a foreclosure
Simple question, I'd think: In Florida, regarding a foreclosure on mostly vacant, "commercial-residential" (multi-family zoned), land, can a public or a private lender actually profit by taking the la… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
hi, i signed a real estate contract to purchase property.
hi, i signed a real estate contract to purchase property. The seller agreed to close on or before june 1, 2010. One of the sellers signed the contract and also signed a limited power of attorney. Her … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Should I pay my brothers and sisters coz they waive their rights
Should I pay my brothers and sisters coz they waive their rights to inheretance? My father in the Philippines wants to Transfer the Title of the house and lot to me. Because I paid all the taxes dues … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x