Spam prevention
Ambassador
2,106,342
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

Signed, sealed, and delivered... only then is it executed. Deposit of earnest money is a term of the contract that usually will need to be performed after or with execution. 

Aug 13, 2015 03:34 AM
Rainer
231,174
Mike Rock
Complete Design - Granite Bay, CA
Granite Bay Luxury New Construction...For Less

both parties must sign. both must know it has been signed. the earnest money must be "cleared" into an acount before it is a DEAL

Aug 13, 2015 02:55 AM
Ambassador
1,410,214
Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

I would not accept it from an agent, perhaps from the Seller themselves.  Always get the Sellers' signatures, online or wet.

Aug 13, 2015 02:25 AM
Rainmaker
778,856
The Woodland Team of Texas
The Woodland Companies - Austin, TX
Land Specialists

That would be a foolish email for the agent to send.

Nov 04, 2018 01:08 AM
Ambassador
5,709,667
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

I would check with a lawyer, but is seems that the agent should not be considered a principle in the transaction.

May 06, 2018 11:38 PM
Rainmaker
923,308
Troy Erickson AZ Realtor (602) 295-6807
HomeSmart - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Daniel - Here in Arizona, the contract has to be signed by both parties, and after the seller has signed all proper paperwork, it needs to also be delivered to the buyer, fully executed, in order for it to be enforceable.

Aug 13, 2015 12:37 PM
Rainer
67,209
Evelyn M Epperson
Coldwell Banker Residential Brokerage - Johns Creek, GA
A Tradition Of [Excellence, Trust & Service]

No, it has to be signed to be enforceable.

Aug 13, 2015 09:22 AM
Rainmaker
699,177
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

No signature, no contract.

Aug 13, 2015 08:28 AM
Rainmaker
634,382
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

No. We can use verified emails to show agreement about handling repairs or some minor changes that don't require amending the Purchase Contract but not to prove contractual agreement.

Aug 13, 2015 07:24 AM
Rainmaker
421,293
Cindy Davis
SD Home Source Realty - San Diego, CA

I would think that an email is not enforceable unless the contract is signed by both parties.

Aug 13, 2015 05:16 AM
Rainer
216,394
Sharon Altier, SFR
Lawton Realty Group, Inc. - Elmhurst, IL
Your Real Estate Partner

I am not a lawyer, but my understanding is that in order for a contract to be enforceable, it has to be signed AND delivered.

Aug 13, 2015 04:30 AM
Rainmaker
612,606
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

What is overlooked here is that the agent has to be a REAL representative of the person in order to bind them.  If that agent is just a facilitator, transaction broker, or non fiduciary representative, their e-mail means absolutely nothing.

Eve

PS:  Florida is a "Statute of Frauds" state which means it must be in writing in order to be enforcable...does that mean an e-mail is good enough?  Dunno...if it is for real, the seller would be signing before you would be enforcing.

 

Aug 13, 2015 04:11 AM
Rainmaker
1,466,027
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Daniel Hayes No, until the document is accepted by all parties with signatures and initials, it is not enforceable.

Aug 13, 2015 03:49 AM
Rainmaker
1,894,850
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

No as all contracts must be in writing to be enforecable and that is clearly written into our contraact.

Aug 13, 2015 03:25 AM
Rainer
150,669
Ed Macias
Real Estate Teammates - Miami, FL
Miami FL-REO Property Management Multifamily

You don't want to go down that road. Give them a deadline and if they do  not meet move on.

Aug 13, 2015 03:09 AM
Rainmaker
627,458
Martin Kalisker
Greater Boston Association of REALTORS - Boston, MA
Professional Standards & Legal Assistant

This is not a question of whether it is accepted by the client or by the brokerage, it is a question of law.  Was there a meeting of the minds?  Was the deposit check negotiated?  These are all things that a judge will likely look at since it appears that the offer was in writing.

Aug 13, 2015 03:07 AM
Rainmaker
2,685,302
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

It has to be signed and then communicated...

Aug 13, 2015 02:52 AM
Rainmaker
315,937
Robert Smith
Preview Properties, PC - http://www.RealEstateMich.com - Brighton, MI
SRES, Search for Homes Brighton-Howell-SE Michigan

Verbal committments are not binding in court in Michigan. It must be in writing.  It may be unpalatable when people say one thing and do another, but it does happen for a variety of reasons.

Aug 13, 2015 02:41 AM
Rainmaker
212,705
Stefan Winter
Real Estate in IL & NV | Owner of Real Estate Web Tech | Daily Vlogger - Las Vegas, NV
Owner - Winter Group & Real Estate Web Tech

No it would not be enforced until it's signed by all parties.

Aug 13, 2015 02:40 AM
Rainmaker
868,808
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

"Accepting an offer" probably won't be enforcable as a contract in court. Sellers would have to sign then deliver it back to address specified to be considered a ratified contract.

Aug 13, 2015 02:28 AM
Rainmaker
2,810,281
Debbie Gartner
The Flooring Girl - White Plains, NY
The Flooring Girl & Blog Stylist -Dynamo Marketers

I'm not an agent, but I would guess no.  While people sometimes say, "a verbal agreement is legally binding, " in the eyes of the law, it would be "hearsay."

In this case, there was no verbal agreeement between buyer and seller, only hearsay between agents.

of course, I'm not an agent nor a lawyer...just using legal logic.

Aug 13, 2015 02:16 AM
Rainmaker
1,708,235
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

No.

Aug 13, 2015 10:21 PM
Rainmaker
794,654
Debra Leisek
Bay Realty,Inc Homer Alaska - Homer, AK

No it must be signed by both parties....  it is too easy to get signatures these days... always have them sign on the dotted line... even if it is docusign! 

Aug 13, 2015 06:19 PM
Rainmaker
1,550,180
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

Yes. Read the contract law about “express contracts”. The California Civil Code specifically prohibits certain contracts from being oral-they must be in writing. But, with those exceptions, a verbal contract can be enforced in here, even it would be hard to prove if one side will back up. 

Aug 13, 2015 05:32 PM
Rainmaker
1,668,226
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West - Carlsbad, CA
Presence, Persistence & Perseverance

Refer to the Statute of Frauds for your answer.

Aug 13, 2015 11:41 AM