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Wednesday, August 16, 2006

Counter offers when buying San Francisco Real Estate

A reader asks:

If I make an offer on a home and the Seller comes back with a counter offer, which I decide to sign, can they decide to withdraw from the contract without any penalties?

Our reply:

If you have signed the counter offer within the expiration period and the counter offer has been delivered to the seller or seller's agent as specified in the contract then it is a binding contract. It remains so until one of the parties becomes in breach of contract by not complying with one or more of the terms of the agreement or does not approve of some contingency.

So if you have a question about whether a seller has to pay a penalty for withdrawing, you would want to take the contract to a good real estate attorney. Only an attorney can tell what your legal options might be after reviewing all of the documents. Do not depend on the advice of a real estate agent, friend or relative unless they are an experienced real estate attorney!! Remember, you get what you pay for!


- Janis Stone

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