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Is A Contract Considered Ratified if Date of Ratification is Missing?

By Stella Barbour

Real Estate Broker/Owner with NoVa Brokers LLC 0225 094634 VA/ 643686 MD

November 30, 2010 07:11 AM

A question came up at the law firm today with a buyer attempting to cancel a Virginia real estate sales contract and would of course want his Deposit back simply because he can. Based on the missing "Ratification Date" on on the contract, did he really have a ratified contract to begin with? Can he actually walk away because this specific date is missing? The Seller's Broker doesn't think so, and the Buyer represented himself with the Seller's Broker preparing the contract for both parties. This of course seems to being going towards the Court Room but is there cause?

Your opinions and comments would be greatly appreciated.

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MichelleCherie Carr Crowe .Just Call. 408-252-8900

Get Results Team...Just Call (408) 252-8900! . DRE #00901962 . Licensed to Sell since 1985 . Altas Realty - San Jose, CA

Family Helping Families Buy & Sell Homes 40+ Years

How did this get missed? My broker would kick it back to me saying it isn't valid without a date. However if there are lots of other dates and proof of delivery/acceptance, there's probably some ammo for the courtroom. Yuck.

Nov 30, 2010 07:25 AM

Stella Barbour

NoVa Brokers LLC - Vienna, VA

Principal Broker, Serving Virginia and Maryland

Thanks Michelle. I always put in the date of ratification and send to other party to make sure we all agreed on ratified date. Not sure why this was done so casual especially if the buyer is representing himself and the listing agent prepared the contract.

Nov 30, 2010 07:34 AM

Elizabeth Weintraub Sacramento Broker

Elizabeth Anne Weintraub, Broker - Sacramento, CA

Put 40 years of experience to work for you

Well, if it gets into court, it will probably be Small Claims, where the burden of proof isn't always followed to the letter of the law. I find that court often tends to look at intent -- did he intend to enter into a contract? If the answer is yes, then he's probably hosed. But I just sell real estate. I don't give legal advice.

Dec 06, 2010 02:54 AM

Thanks for your comment Elizabeth. I like to just sell real estate too.

Dec 06, 2010 07:43 AM

Is A Contract Considered Ratified if Date of Ratification is Missing?

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