If my copy of a estate agents contract isnt signed but thier copy is, is it still legal?

I am selling my business through and
agent and have recently come across
some very worrying articles that they
charge loads of money even if they dont
sell however my copy of the contract is
not signed and the advert they are
running is wrong What can i do?

Asked on March 20, 2017 under Business Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) If they provided the contract to you and you signed it, it is binding: in that case, they made an definitive offer (all the terms were defined in the contract) and you accepted it (as evidenced by your signature)--offer plus acceptance creates an enforceaable contract. It does not matter if your copy is not signed if you did sign the agreement.
2) As to whether you need to pay--you need to review the terms of the contract; what does it say in this regard. Contracts are enforced according to their plain language, so when and whether you have to pay depends on the contract.

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