If buyer and seller of property agree on a price; seller emails buyer an unsigned contract, can seller change price?

Asked over 1 year ago - Miami, FL

If the buyer and seller agree to a price for a piece of property and seller then e-mails buyer an unsigned contract with that price and buyer signs it and returns it, can seller change price since they never signed the contract?

Attorney answers (3)

  1. Marshall C Deason Jr.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . As both of the other lawyers have pointed out, it is not possible to fully answer your question from the facts posted. Whether a final offer has been accepted has been the subject of much litigation. Your case is very fact dependent and the final answer may only be available through a lawsuit. If you want to pursue the contract, you should consult an experienced real estate lawyer in your area to get advice on the best way to proceed.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does... more
  2. Michael T Millar

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . That is actually a complicated question of contract law.

    In some states, if you have agreed to all of the requisite elements of a contract and exchanged your assent through emails, you may have a binding contract even though the formal instrument has not been executed. If, however, the understanding was that there would be no binding agreement until a contract of sale was executed, then there may not be an enforceable contract.

    I am not a FL attorney, laws vary from state to state, therefore you should always consult a local attorney.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  3. Evan N Pickus

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Until a fully executed contract is delivered to both parties, there is no contract. Now, under certain circumstances, where there is an intent to proceed without a written contract, it's possible to make the argument that the terms were locked in. But written contracts are relatively the rule in real estate transactions, and your question intones that a written contract was anticipated. So until that written contract is drafted, signed and delivered, either party can suggest a change in terms- or simply walk away. Best wishes.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,426 answers this week

3,109 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,426 answers this week

3,109 attorneys answering