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"Hearsay" is between the parties and not a factor in the court, I think.
The court will certainly accept a signed contract, and it only takes one copy.
So, one party has one, while the other party can't produce one?
Advantage goes to the party holding the paper.
In North Carolina, you are under contract when it is accepted and signed by all parties, and acceptance is communicated.
A phone call gets communication of acceptance done.
Yes, of course, we pass copies back to buyers after the sellers sign, but until the buyers get their copy, they are still bound by what they signed.
There is some good reading in that link:
"(Note that delivery of the contract document is not required to make a contract enforceable. The contract is formed at the time of communication. The real estate agent does, of course, have a duty to provide copies of the contract to the parties under the Real Estate License Law.)"
Practice in my office has always been that without a signed contract, you do not have acceptance. Because if they haven't sent you a signed contract, or at least written acceptance (even an email that says "the seller has accepted the offer, I'm just chasing signatures from them" would give you at least an argueable case), you would have no proof if you ended up in front of an arbitrator. It becomes a "he said, she said", and written proof would be the deciding factor.
We also do not deposit EM checks until we have a fully signed copy of the contract. That sometimes leads to having an explanation in the file that says "sellers signed on 5-12-11, but contract was not emailed back until 5-23-11, copy of email cover sheet attached." or something.
But I am also not in Florida, so I am just voicing an opinion here.
Which brings us back to the OP who does NOT have the paper and nothing more than vague hearsay describing any actions by any other party... agent, attorney or even the seller or anything else that might be construed as a positive action (like depositing the EMD. Ya know?
Even in NC I don't think he would have a leg to stand on (based on the actual statements so far).
Quote:
"(Note that delivery of the contract document is not required to make a contract enforceable. The contract is formed at the time of communication. The real estate agent does, of course, have a duty to provide copies of the contract to the parties under the Real Estate License Law.)"
Absent other evidence (like the signed document)... that is still hearsay of an alleged intention to accept. I'd love to see someone try to enforce that against me.
Which brings us back to the OP who does NOT have the paper and nothing more than vague hearsay describing any actions by any other party... agent, attorney or even the seller or anything else that might be construed as a positive action (like depositing the EMD. Ya know?
Even in NC I don't think he would have a leg to stand on (based on the actual statements so far).
Absent other evidence (like the signed document)... that is still hearsay of an alleged intention to accept. I'd love to see someone try to enforce that against me.
I think the information from the NCREC could not possibly have been written with more clarity regarding the topic. I appreciate being prompted to pull it up.
If it was time to lawyer up, I'd willingly put my copy of a properly executed contract, with record of communication of acceptance to buyer or agent, up against anyone who snivels, "I never got a copy, Yer Honor."
And that is how it is taught in real estate prelicensing classes, RE 101, in NC.
If it was time to lawyer up, I'd willingly put my copy of a properly executed contract, with record of communication of acceptance to buyer or agent, up against anyone who snivels, "I never got a copy, Yer Honor."
I probably would as well...
but that describes a situation 100% opposite of what has been getting discussed: the seller NOT producing an executed copy.
I probably would as well...
but that describes a situation 100% opposite of what has been getting discussed: the seller NOT producing an executed copy.
I see nothing about the OP going to court.
The OP's question is whether there is a time limit for the seller to produce it.
That would be a FL question, and the FL folks are all elsewhere, it would seem.
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