We have a withdrawn offer AND a signed contract, what are our options.
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We have a withdrawn offer AND a signed contract, what are our options.
We are selling our house, got an offer and before we as the sellers signed,
the buyers sent in a withdrawal email. We ended up signing without knowing
this was in writing.
What are our options here? Does the withdrawal letter trump the contract at
this point? Any help please?
Asked on August 27, 2016 under Real Estate Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It's primarily a function of timing: if they withdrew their offer before you signed, thereby showing your acceptance of the offer, it was too late--you can't accept a withdrawn offer. In that case, the withdrawal trumps.
If you signed before they withdrew, then it's too late to withdraw: once you accept the offer, it is binding.
The issue in regards to timing is not sending, but delivery: if they had mailed the withdrawal but you did not receive it (it was not delivered) before you signed the contract and accepted the offer, they would be under contract. But you write that they *emailed* their withdrawal. If the email was sent prior to you signing, even if you did not view the email before signing, the withdrawal trumps your signing/acceptance, because it was *delivered* prior to you signing. Once it is delivered to you, it is effective, even if you did not check your email.
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