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Quick question. If seller's lawyer sends a contract from the seller is that considered seller signed or I need to receive a signed document from the seller/seller's lawyer?
Quick question. If seller's lawyer sends a contract from the seller is that considered seller signed or I need to receive a signed document from the seller/seller's lawyer?
Do you have an attorney or a realtor, ask them or call the sellers attorney and ask them.
It's not a contract until all parties have signed it. They probably want you to sign it first.
It sounds like you should get your own real estate lawyer to review the proposed contract.
Quote:
Originally Posted by dontaskwhy
Got to agree with jackmichigan.
I'm with these guys and I would add that if you're asking a question like this then you really don't have the knowledge/experience to do this on your own. Based on your profile it sounds like you live in Florida and I happen to know a great agent in your area. If this doesn't work out and you need her help in the future, I'd be happy to PM you her information. In the mean time, if I were you I would find myself the best possible real estate attorney.
Since it isn't the "standard" form but a uniquely drafted contract, I absolutely would not sign until I had an attorney review it for me. And I really meant "I" - I'm a paralegal familiar with contracts and contract law and with real estate - and in this situation, I would want an attorney's opinion.
As the above posters have said, you need representation - and there's no "assumption" when it comes to contracts. If it isn't signed, it isn't signed.
Really the question is "Can I force seller to sell because I received a contract from her lawyer but never received a signed copy by seller". After a long negotiation me and a seller agreed on the price and seller's lawyer send me a contract which I have signed within a required time. A day later a seller is calling me with an excuse not to sell. Now I need to rent for another year because my rental agreement is coming to an end.
I don't know if you realize you are on your own regarding this contract. That's why you're asking this. Not only that, but there are people on the opposing side whose goal is not to be on your side. You should have had a buyer's realtor and/or your own attorney.
So you made an agreement verbally with a seller. The seller used their attorney to write the contract. So it would then benefit them since it's their attorney. (Is there a portion you will pay him for?)
You say nothing about the verbage so it seems everything in it was good for you. All the small print, addendums, whatever. Your home inspection was covered as far as there being one and time frame and what happens if you find something you don't like, right? That parameters of your loans were covered to your satisfaction, right?
You can't expect someone paid by the opposing side to write something satisfactory to you.
For some reason, the seller's attorney prepared your offer to purchase contract. You seem to have signed. Now it's the seller's turn. Too bad they will not sign. But that's their prerogative. You should withdraw your offer. You can't force them to sell.
Did you give personal id to this couple..seller and their attorney? Did you give a deposit? Just curious.
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