Q: If I make an offer on a property, the seller comes back with a counter offer and I agree to accept it, can the owner still change his mind and sell to someone else? - L.B., Costa Mesa A: A seller is able to withdraw his offer at any time prior to your acceptance of the counter offer.
Please look at the counter offer that was prepared for you by the seller or the seller’s real estate agent. In that document, it states how the acceptance is to be communicated to the seller and what the time limits are before your acceptance expires.
If you communicated to the seller your willingness to proceed, the seller should honor your contract and not accept another offer.
The issue here is that if you are indeed "under contract," you as the buyer must decide if it is worth the effort to enforce the contract to sell to you.
In this regard, it is best to seek the advise of an attorney as there could be a large legal cost to you. The question here is whether it is worth pursuing this or if you should just move on to another home. It may not be worth the mental and financial burdens to you to proceed.
Valerie Torelli is owner of Torelli Realty in Costa Mesa. Direct your questions to asktherealtor@torellirealty.com or call 714-540-7355
Information brought to you by Torelli Realty, Costa Mesa. Where Costa Mesa Real Estate Could Be Our Second Name.
