Is a listing agree & Brok. Relation valid if not signed by relator & returned until a month later? & Listing agree was changed by Realtor after I sign
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Is a listing agree & Brok. Relation valid if not signed by relator & returned until a month later? & Listing agree was changed by Realtor after I sign
If I contacted a Realtor to list my home, he sent me a listing agreement and brokerage relationship form, I signed and returned but he did not sign and return to me until a month later, is it valid? Also if on the one I sent hime there was a contigency to the agreement, he crossed it out after I signed and I didn’t resign does that also make it invalid? Please advise??Thank you.
Asked on May 26, 2009 under Real Estate Law, Florida
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
There are two different questions here. I'm not a Florida lawyer, but there is general contract law that has to do with both of them. First, the fact that it took the realtor a month to return the agreement with his signature probably doesn't matter. A written form of contract signed by one side is an offer, and unless there is something in that offer that limits the time in which it can be accepted, it stays open for a "reasonable" time unless it's withdrawn. A month might be reasonable. There might be rules governing realtors in your state, though, that say otherwise.
Second, an offer of a contract -- the agreement with your signature -- usually has to be accepted exactly, or not at all; any change in the terms is a counter-offer, and a rejection of the original offer. If you can prove that he crossed out the contingency after you signed, there is probably no binding contract.
You need to discuss this with an attorney in your area, who can review the document and all the facts of your case, to get reliable advice before you do or say anything else, and you cannot wait around on this because it's possible that if you wait, your silence could be taken as acceptance of the change in the terms. One place to find a lawyer is our website, http://attorneypages.com
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