Binding agreement via email–real estate attorney suggestions?

[urbanrealtor]

[quote=SK in CV]I’m not a real estate attorney but…

And ignoring for the moment the whole e-mail part of it…

Unlike many other kinds of transactions, in order to be binding, real estate contracts must be in writing. If the written agreement does not include the final agreed upon consideration (price, etc.), there is no “meeting of the minds” (one of the other requirements for a contract) in writing. You don’t have a binding contract.[/quote]

THe email part would be binding if accepted by both parties.
If things are verbal then there is just too much room for misunderstanding. The written part (whether on a pre-printed real estate form or in an email) gives a clarity that the verbal part lacks.

So I am assuming you are buying this?
Is the agent you mentioned representing the seller, or the buyer or both?

Is this a new home or a resale?

It might be worth your time to speak with an agent that you trust (or at least who has nothing to gain by screwing you).

Good luck.

[urbanrealtor]

[quote=sdduuuude]Walking away from the deal will cost you much less than a lawyer and may result in the same effect – they’ll come back to your price.[/quote]

Don’t be certain of this.
It is certainly possible but aggressive negotiations sometimes mean the other side has other options.

[urbanrealtor]

[quote=sdduuuude]Walking away from the deal will cost you much less than a lawyer and may result in the same effect – they’ll come back to your price.[/quote]

Don’t be certain of this.
It is certainly possible but aggressive negotiations sometimes mean the other side has other options.

[urbanrealtor]

[quote=sdduuuude]Walking away from the deal will cost you much less than a lawyer and may result in the same effect – they’ll come back to your price.[/quote]

Don’t be certain of this.
It is certainly possible but aggressive negotiations sometimes mean the other side has other options.

[urbanrealtor]

[quote=sdduuuude]Walking away from the deal will cost you much less than a lawyer and may result in the same effect – they’ll come back to your price.[/quote]

Don’t be certain of this.
It is certainly possible but aggressive negotiations sometimes mean the other side has other options.

[urbanrealtor]

[quote=sdduuuude]Walking away from the deal will cost you much less than a lawyer and may result in the same effect – they’ll come back to your price.[/quote]

Don’t be certain of this.
It is certainly possible but aggressive negotiations sometimes mean the other side has other options.

[SK in CV]

[quote=urbanrealtor]THe email part would be binding if accepted by both parties.
If things are verbal then there is just too much room for misunderstanding.
[/quote]

California has adopted The Uniform Electronic Transactions Act, so email that meets all other requirements can be binding. It must contain all terms of the agreement. So, its more than just room for misunderstanding on the verbal thing. In order for it to be binding, it must be in writing.

[SK in CV]

[quote=urbanrealtor]THe email part would be binding if accepted by both parties.
If things are verbal then there is just too much room for misunderstanding.
[/quote]

California has adopted The Uniform Electronic Transactions Act, so email that meets all other requirements can be binding. It must contain all terms of the agreement. So, its more than just room for misunderstanding on the verbal thing. In order for it to be binding, it must be in writing.

[SK in CV]

[quote=urbanrealtor]THe email part would be binding if accepted by both parties.
If things are verbal then there is just too much room for misunderstanding.
[/quote]

California has adopted The Uniform Electronic Transactions Act, so email that meets all other requirements can be binding. It must contain all terms of the agreement. So, its more than just room for misunderstanding on the verbal thing. In order for it to be binding, it must be in writing.

[SK in CV]

[quote=urbanrealtor]THe email part would be binding if accepted by both parties.
If things are verbal then there is just too much room for misunderstanding.
[/quote]

California has adopted The Uniform Electronic Transactions Act, so email that meets all other requirements can be binding. It must contain all terms of the agreement. So, its more than just room for misunderstanding on the verbal thing. In order for it to be binding, it must be in writing.

[SK in CV]

[quote=urbanrealtor]THe email part would be binding if accepted by both parties.
If things are verbal then there is just too much room for misunderstanding.
[/quote]

California has adopted The Uniform Electronic Transactions Act, so email that meets all other requirements can be binding. It must contain all terms of the agreement. So, its more than just room for misunderstanding on the verbal thing. In order for it to be binding, it must be in writing.

[urbanrealtor]

[quote=SK in CV][quote=urbanrealtor]THe email part would be binding if accepted by both parties.
If things are verbal then there is just too much room for misunderstanding.
[/quote]

California has adopted The Uniform Electronic Transactions Act, so email that meets all other requirements can be binding. It must contain all terms of the agreement. So, its more than just room for misunderstanding on the verbal thing. In order for it to be binding, it must be in writing.[/quote]

Yeah I don’t that is entirely accurate.
I am not speaking to what the statute literally says but what the lawyers say.
I spend a lot of time with the bank-owned inventory as well as with the new development. These usually requires a lot of time with the lawyers and addenda and amendments are often in a separate email.

For example it is reasonable to send an offer for a property asking for the appliances to stay.
I have then gotten a call from the listing agent who informs me that the seller uses those appliances for several properties as staging gear and that I might want to modify the offer.
What I would do then is to addend the offer in separate email.
Further, this could be done after acceptance when the offer becomes a contract.
They don’t need to be literally signed to be binding.
Note: As I was writing this, I was on the phone with CAR legal hotline. I was informed that the oldest example of this was contract by telegram in the old days. While not literally signed, they were/are considered signed documents as are any piecemeal modifications.

The real estate law classes I have had specify that the purpose of a written contract is to clarify ambiguity in transactions. The textbook example is a case (Levin V. Dietz I think) where 2 people sketched out a price and acreage for a real estate transaction on the back of a business card. One tried to renege on this saying it was not a valid contract. The court sided with the damaged plaintiff and upheld the business card. The reasoning (at least in class) was that the written docs is just a clarification of the verbal agreement.

[urbanrealtor]

[quote=SK in CV][quote=urbanrealtor]THe email part would be binding if accepted by both parties.
If things are verbal then there is just too much room for misunderstanding.
[/quote]

California has adopted The Uniform Electronic Transactions Act, so email that meets all other requirements can be binding. It must contain all terms of the agreement. So, its more than just room for misunderstanding on the verbal thing. In order for it to be binding, it must be in writing.[/quote]

Yeah I don’t that is entirely accurate.
I am not speaking to what the statute literally says but what the lawyers say.
I spend a lot of time with the bank-owned inventory as well as with the new development. These usually requires a lot of time with the lawyers and addenda and amendments are often in a separate email.

For example it is reasonable to send an offer for a property asking for the appliances to stay.
I have then gotten a call from the listing agent who informs me that the seller uses those appliances for several properties as staging gear and that I might want to modify the offer.
What I would do then is to addend the offer in separate email.
Further, this could be done after acceptance when the offer becomes a contract.
They don’t need to be literally signed to be binding.
Note: As I was writing this, I was on the phone with CAR legal hotline. I was informed that the oldest example of this was contract by telegram in the old days. While not literally signed, they were/are considered signed documents as are any piecemeal modifications.

The real estate law classes I have had specify that the purpose of a written contract is to clarify ambiguity in transactions. The textbook example is a case (Levin V. Dietz I think) where 2 people sketched out a price and acreage for a real estate transaction on the back of a business card. One tried to renege on this saying it was not a valid contract. The court sided with the damaged plaintiff and upheld the business card. The reasoning (at least in class) was that the written docs is just a clarification of the verbal agreement.

[urbanrealtor]

[quote=SK in CV][quote=urbanrealtor]THe email part would be binding if accepted by both parties.
If things are verbal then there is just too much room for misunderstanding.
[/quote]

California has adopted The Uniform Electronic Transactions Act, so email that meets all other requirements can be binding. It must contain all terms of the agreement. So, its more than just room for misunderstanding on the verbal thing. In order for it to be binding, it must be in writing.[/quote]

Yeah I don’t that is entirely accurate.
I am not speaking to what the statute literally says but what the lawyers say.
I spend a lot of time with the bank-owned inventory as well as with the new development. These usually requires a lot of time with the lawyers and addenda and amendments are often in a separate email.

For example it is reasonable to send an offer for a property asking for the appliances to stay.
I have then gotten a call from the listing agent who informs me that the seller uses those appliances for several properties as staging gear and that I might want to modify the offer.
What I would do then is to addend the offer in separate email.
Further, this could be done after acceptance when the offer becomes a contract.
They don’t need to be literally signed to be binding.
Note: As I was writing this, I was on the phone with CAR legal hotline. I was informed that the oldest example of this was contract by telegram in the old days. While not literally signed, they were/are considered signed documents as are any piecemeal modifications.

The real estate law classes I have had specify that the purpose of a written contract is to clarify ambiguity in transactions. The textbook example is a case (Levin V. Dietz I think) where 2 people sketched out a price and acreage for a real estate transaction on the back of a business card. One tried to renege on this saying it was not a valid contract. The court sided with the damaged plaintiff and upheld the business card. The reasoning (at least in class) was that the written docs is just a clarification of the verbal agreement.

[urbanrealtor]

[quote=SK in CV][quote=urbanrealtor]THe email part would be binding if accepted by both parties.
If things are verbal then there is just too much room for misunderstanding.
[/quote]

California has adopted The Uniform Electronic Transactions Act, so email that meets all other requirements can be binding. It must contain all terms of the agreement. So, its more than just room for misunderstanding on the verbal thing. In order for it to be binding, it must be in writing.[/quote]

Yeah I don’t that is entirely accurate.
I am not speaking to what the statute literally says but what the lawyers say.
I spend a lot of time with the bank-owned inventory as well as with the new development. These usually requires a lot of time with the lawyers and addenda and amendments are often in a separate email.

For example it is reasonable to send an offer for a property asking for the appliances to stay.
I have then gotten a call from the listing agent who informs me that the seller uses those appliances for several properties as staging gear and that I might want to modify the offer.
What I would do then is to addend the offer in separate email.
Further, this could be done after acceptance when the offer becomes a contract.
They don’t need to be literally signed to be binding.
Note: As I was writing this, I was on the phone with CAR legal hotline. I was informed that the oldest example of this was contract by telegram in the old days. While not literally signed, they were/are considered signed documents as are any piecemeal modifications.

The real estate law classes I have had specify that the purpose of a written contract is to clarify ambiguity in transactions. The textbook example is a case (Levin V. Dietz I think) where 2 people sketched out a price and acreage for a real estate transaction on the back of a business card. One tried to renege on this saying it was not a valid contract. The court sided with the damaged plaintiff and upheld the business card. The reasoning (at least in class) was that the written docs is just a clarification of the verbal agreement.

[Author]

Posts