Null and Void House Offer to Purchase?

Question

I have my home for sale and I accepted an offer to purchase. However, on the offer to purchase there was not a closing date in the offer. Now the people who made the offer are trying to tell me that the offer is null and void b/c there wasn't a date specified. Is this true? The main reason I didn't care about the date was b/c in my counter offer I put a "bump clause" meaning that if another offer came in that I would have to give the first person who put the offer in the chance to remove contingencies or they would be bumped to secondary offer. I'm just wondering if it's true the that offer is no good.

I'm selling my home "for sale by owner"... Honestly, my situation is even if we don't sell it this year 07' we will try to sell it 08'. We would like to move this year but if it doesn't happen no biggy we will just try again next year. That's another reason I didn't care if there was a date or not b/c if it happens it happens and it doesn't matter if it's now or later. I know it sounds weird but the only reason I'm moving is to get closer to family, etc.

She did accept the counter which is good. She still wants the house but b/c she dropped the sale of her house 30k she can't agree to the price we originally sold it to her for. No biggy.. If she wants out she can get out. Thanks for your help.

Answer 1

First of all the counter offer that you made was essentially a rejection of their original offer. You cannot have an enforceable contract unless they accepted your counter offer.

Now the question is did they accept your counter offer? I do not see any mention of that. That is the issue that is important for us to know before we can even attempt to determine whether or not you have an enforceable contract.

I recommend that you hire an attorney who specializes in real estate law to make certain that the language in your contract accomplishes what you want it to accomplish.

Also, it sounds as if the buyers want to back out, is that correct? I recommend that you let them out of the contract if they want out. There is nothing worse than trying to close escrow with someone who does not want to close escrow.

It also sounds like you are not in a hurry anyhow.

Save your self some headaches. I recommend, if they want our of the contract let them out..

Besides if they were to hire an attorney I guarantee you that attorney would come up with a number of reasons why your contract is not enforceable. I can tell just by your question that you do not know how to write an enforceable contract.

Answer 2

You should ask your selling agent if you have one to make sure. But I don't think it would matter if there's an estimated settlement date in the contract or not in --I would think they're still bound by the contract to buy your house.

Of course I'm sure they'll just find another way to wiggle out of the contract. For instance, when you have to amend the contract (which you will) to include a settlement date, they will reject the date and cancel the contract accordingly (if they can). OR they will counter with a date that is unacceptable to you forcing you to cancel the contract.

Answer 3

If you want to enforce this contract, you're going to need an attorney and possibly a date in court. You DO have a valid offer to purchase, assuming that the buyers accepted your counter offer.

However, the valid contract you have has no 'end date'. So what you have is a valid contract missing an important clause. If you take this up to legal action, their defense will be 'we have not breached our contract. We will close EVENTUALLY."

Answer 4

Sounds like you need to speak to an attorney. You may be able to work this if your "bump clause" had a specified date. In my state a "closing date" is a requirement for a legal and binding contract. Did you have a realtor? If so, they should carry errors and omissions insurance which allows you to seek damages for negligence. Good luck.

Answer 5

Yes, they played a trick just for such an eventuality. They are in the right.
Unfortunate, but true. It did not have a closing date. You made a mistake accepting it.

You have no choice but to make it null and void. Live and learn. Chalk this up for experience. You will not do this next time, will you?

You will read what you sign next time, will ya?

Answer 6

Many times, when the closing date is omitted, the law implies "a closing date within a reasonable time". It sounds like you have been trying to do this without an attorney, but it is now time to retain an attorney to help you face-to-face.

Answer 7

Well, it might not make it void, but without a date limit, how could you ever claim that they hadn't fulfilled the contract?

Answer 8

in Washington its 45 days if not listed hope that helps also you should read the paperwork ours told us it was defaulted to 45 if no filled in.