Can a listing agent accept an offer and back out of original offer?

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Can a listing agent accept an offer and back out of original offer?

Recently, I found a home I liked and made an offer. After a few counter offers, a price was

agreed upon the buyer accepted. This happened on a Friday. The email, which has the acceptance of my offer included, also states the contract would be sent on Monday. On Sunday, the listing agent showed the house advised those buyers he needed full asking price. There are no signatures, nor a deposit. Does an offer accepted via email count as a

legally binding document, to where the 2nd offer would be the back up offer if mine didn’t work out?

Asked on October 25, 2016 under Real Estate Law, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

A contract requires a valid offer and valid acceptance.
An offer is effective upon receipt.  An acceptance is effective upon dispatch.  Offer and/or acceptance can be sent via e-mail as that is a reasonable mode of communication.
If there are multiple offers, the first one that is received is effective.
If there are multiple acceptances, the first one sent is effective because acceptance is effective upon dispatch.


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