Are there any laws/statues that require the seller to deliver a fully executed contract in a specified amount of time? (documents, agent)
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Specific state would be Florida. Just wondering if there is a time period that a seller should be sending a fully executed signed contract to the buyer.
Specific state would be Florida. Just wondering if there is a time period that a seller should be sending a fully executed signed contract to the buyer.
No law/statute in FL that I am aware of.
As to "should return the documents signed", the buyer submits an offer and if it is not accepted in a timely manner, the offer may be deemed stale and void - to protect the buyer. That doesn't help you, and it stinks from the buyers' point of view (particularly if you heard they want to accept it), but nothing can force a seller into accepting the offer.
As to "should return the documents signed", the buyer submits an offer and if it is not accepted in a timely manner, the offer may be deemed stale and void - to protect the buyer. That doesn't help you, and it stinks from the buyers' point of view (particularly if you heard they want to accept it), but nothing can force a seller into accepting the offer.
Ok but what if the seller accepts the offer but does not deliver a signed copy to the buyer. Is the contract still enforceable? Or does a signed copy by both parties need to be in the hands of the buyer for the contract to be enforceable?
Ok but what if the seller accepts the offer but does not deliver a signed copy to the buyer. Is the contract still enforceable? Or does a signed copy by both parties need to be in the hands of the buyer for the contract to be enforceable?
It is a legal question, but I believe that where I work, communication of acceptance means you are under contract.
In other words, the other party is holding a contract with your signature which may be enforceable, so you are under contract.
My first listing closing in real estate, the buyer's agent never gave the buyers a signed contract. They never saw it until closing.
I had a copy at the closing table that I gave to them. They were under contract, regardless, and my seller could have enforced the contract within the contract terms and applicable law.
Ok but what if the seller accepts the offer but...
This is MUCH too vague.
Absent the signed document in the hands of the buyer (or at the very least a licensed agent) there is NO contract.
That an over-anxious buyer, without representation by attorney or agent, will tolerate or be coerced into being played with by an unscrupulous seller... isn't really actionable.
This is MUCH too vague. Absent the signed document in the hands of the buyer (or at the very least a licensed agent) there is NO contract.
That an over-anxious buyer, without representation by attorney or agent, will tolerate or be coerced into being played with by an unscrupulous seller... isn't really actionable.
Well it is state specific, and he did mention FL. FL follows the Statute of Frauds, which includes a provision for conveyance of real property. That means it must be in writing, signed and delivered to all parties, TO BE ENFORCEABLE.
I'm sure certain situations will fill in gaps, like when a person relies on the oral representation that a contract has been signed (but not delivered), or even a duly appointed agent has received the signed docs for the principle, and/or signed under a Power of Attorney. But there is a difference between damages (money back or applied) and specific performance (forcing a sale).
Going back to the OP in FL, any seller today can easily fax, hand deliver*, scan and e-mail in todays tech world (not to mention the Realtors being there to do so, if they are involved). Practically speaking, I believe they are entertaining other offers at this time (assuming you are waiting for the signatures).
Well it is state specific, and he did mention FL. FL follows the Statute of Frauds, which includes a provision for conveyance of real property. That means it must be in writing, signed and delivered to all parties, TO BE ENFORCEABLE.
I'm sure certain situations will fill in gaps, like when a person relies on the oral representation that a contract has been signed (but not delivered), or even a duly appointed agent has received the signed docs for the principle, and/or signed under a Power of Attorney. But there is a difference between damages (money back or applied) and specific performance (forcing a sale).
Going back to the OP in FL, any seller today can easily fax, hand deliver, scan and e-mail in todays tech world (not to mention the Realtors being there to do so, if they are involved). Practically speaking, I believe they are entertaining other offers at this time (assuming you are waiting for the signatures).
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