Is an e-mail from someone enough to cancel a real estate contract?

Question

I am in California. I own a house which has a tenant with a lease until Feb 2007.
I gave the tenant the first right of refusal to buy the house from Feb -March 1st. I did this with a simple statement to this effect and then signed it. She did not sign it. I talked to the tenant today. She does not intend to buy it. She sent an e-mail stating this as well. Does this void my original promise to her? Can I get sued for selling to someone else ?
If so, can I at least put the property on the market, show it or do whatever else is involved in selling, without closing escrow with someone else until after March 1st? No attorney double talk please, just yes or no answers. If you really don't know don't double talk on the answer. Thanks to all ! C

Answer 1

Email should definitely be valid, as long as the account it came from can be clearly tied to her.

Ask Bill Gates... His emails got him in all sorts of trouble with the anti-trust people at Justice Department. So they clearly have meaning legally.

In this day and age, and again assuming the email account can be tied to one person, emails are pretty much as good as any other form of written communication.

Get the house on the market. Perhaps before accepting any offer you might get, you should go back to your tenant and make one last offer for her to match or exceed the offer you have. If she declines, ask her to sign something to that effect.

First refusal doesn't mean you can't market the property to anyone else. It just means you can't sell without clearing it with that person first.

Answer 2

WARNING: I am not an attorney and not familiar with California law:

Having said that, as a Realtor in N.C., it would appear that you never had a contract with your tenant in the first place, since the tenant never signed the statement. In effect, the tenant had a promise from you (two very different things). Then, with the tenant's e-mail stating no intention to buy, you have honored your promise of giving her right of first refusal. Print out the e-mail and save it in your records to show that you gave them a chance and they declined.

Answer 3

She has no obligation to the home beyond her lease contract. As of March 1st 2007 you can do whatever you want with the property. Prior to that, you must get her permission to show the house since it is technically her private home and she has a right to the expectation of privacy. But you can put it on the market. I know this isn't "yes" or "no" but neither of those fully answered your questions.

Answer 4

What I would do is certify mail a letter with a copy of the e-mail and state that in receipt of your e-mail that you are not interested in purchasing the house. Back yourself up. As for showing the property depending on what state you have to give them a certain amount of notice. Yes, you can put the property on the market the new owner will have to honor the contract.
www.realestaterelocatorsandmore.com

Answer 5

To be safe, give her the same notice type you gave her originally. A simpel statement signed by you, stating the purchase price and that the home is available, and that if you do not receive an offer from her by X date, you'll consider it her disinterest in her first right.

BTW, just becuase her lease ends in February doens't mean she has to vacate the premises. Make sure you give her notice if you intend to have her vacate by March 1st.

Answer 6

Simple answer. Yes put your house on the market to sell. Just give the tenant ample amount of time to move when you find a buyer.

Answer 7

The e-mail should be enough to show her intent, but You should always leave a paper trail. Have sign somthing stateing her intent not to buy. Especially in California where lawers are the law. It is always better to be safe than sorry.

Answer 8

It should be.

BUT

I would feel alot more comfortable having a signed termination of the agreement.