Contracts and when they are binding



ORIGINAL POST
Posted by Justin Credible (Part Deux) 15 yrs ago
Couple A made an offer on our flat, Couple B came by next and made an offer on our flat, the same offer.


Couple A had been told that we would not accept less than X, they waited for Couple B to make an offer, and when couple B came by for a second time, they made the better offer AND insisted on writing a check for part of the deposit.


Since I am not the owner, my partner is, and partner doesnt get back until a week from now, I accepted the check on his behalf but only signed a copy of the contract so that Couple B can go ahead and take it as proof to the banks to start the money borrowing process. I do not have any power of attorney and did not sign any contracts as yet.


Now Couple A has come back saying they are keen and will match Couple B's offer or better it and are wondering if they can get first dibs.


Truth is, its not my decision, but what I want to know is, would we be legally bound to Couple B and have to pay them double the deposit or something? We haven't signed anything, the check is still in the drawer, we could return it. What is the liability here?

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COMMENTS
Justin Credible (Part Deux) 15 yrs ago
Yah, I signed a copy of the contract and accepted a check, haven't cashed it, and haven't signed an original contract...so yeah, you reckon I have to talk to a lawyer, eh?

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cookie09 15 yrs ago
i think you can return the check and be done with it. technically you are at fault, but only to the point where the other couple can claim damages, which they can't really if you return the check

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associates 15 yrs ago
IF you have authority to bind "your partner"....which it appears you have been given; then since you have SIGNED the offer accepting Couple B's offer and accepted their check, then Couple B would arguably be in a position to SUE for completion ......so DO NOT complicate matters further by accepting TWO OFFERS!!!!



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