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Updated about 15 years ago on . Most recent reply

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Dan Jung
  • Brooklyn, NY
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Bidding war - Binding email acceptance?

Dan Jung
  • Brooklyn, NY
Posted

In Florida, I've offered and been counterofferred on a bank owned REO via email exchange through a realtor. I accepted the bank's counteroffer with email. The realtor said there were 2 other offers that she was obligated to send to the bank. I accepted the counteroffer before the other offers were tendered. From my rudimentary understanding of contract law, don't we already have a binding contract that is "signed" over email? If the bank accepts and goes to contract with another party's offer, do I have any legal recourse?

Thanks in advance.

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Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
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Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
ModeratorReplied

I have used electronic contracts, but they included electronic signatures, and specifically stated the electronic signatures were valid.

Offers are made using "purchase and sale contracts". So, the agent involved could be just getting sloppy with wording when he or she is saying there are multiple "contracts".

Unless you have a document that has both your signature and the banks signature on it, whether paper, fax, or electronic, you don't have squat. I don't believe a series of e-mails will hold up as a binding contract anywhere. If you agreed to a counter offer via e-mail, there should have immediately been a signed document to formalize the agreement.

Do you have any signed documents?

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