Highlands County Real Estate - Making an offer? Put it in writing!

In Florida, the Statute of Frauds requires contracts for sale and purchase of real estate to be in writing and signed in order to be enforceable.

What does this mean for you as a buyer? Let's go shopping and find you your dream home. It has everything you've been looking for, it's not a short sale and it's within your price range. Your agent writes up the offer. The seller counters back, in writing. You counter back, verbally. The seller agrees verbally. The seller is being presented with another offer. Your agent gets very upset because after all, the seller agreed verbally to accept your counter offer, right? Is the seller legally obligated to sell the home to you?

No! In Florida, the Statute of Frauds requires contracts for sale and purchase of real estate to be in writing and signed in order to be enforceable.

Had your counter offer been in writing, chances are the seller would have agreed to your counter in writing, instead of verbally and you would be moving into your dream home.