Ms. Lank: The buyer has agreed to my terms to a counter, but we only have talked via e-mail. I have not sent his Realtor the signed contract. Am I still obligated by law to go through with the sell? Are we bound by what we e-mailed? -- L.G.
Answer: I don't know what would happen if you ended up in a dispute. The rule has always been that in the sale of real estate, nothing counts unless it's in writing and signed. Some courts have held that e-mailed signatures are binding, and some people, while negotiating online, will add a statement that "nothing in this e-mail is to be regarded as a signature," unless they specifically want it to be considered binding.
I'll publish your question and we'll see what other readers -- preferably lawyers -- have to say on the subject. Meanwhile, your best bet is to consult your own lawyer.
PERSONAL PROPERTY OR NOT
Dear Edith: Is a cabinet that is placed in a corner, and floor pedestal and trim built so that it looks built in, but not actually attached, considered part of the real estate? It is removable, but the floor trim is attached to the wood floor. It will require some carpentry work and redoing of electric cording attached to the floor trim in order to return corner to its original state.
The sellers contend it isn't built in and are taking the cabinet with them. The buyers are livid. Do they have any recourse? -- J.P.
Answer: I was ready to say this sounded like furniture and the sellers have a right to remove it, until I hit that attached trim and electric connection. Now I simply don't know. There's always small claims court where they can get a judge's opinion.
Buyer and seller are always under stress before the closing, and they sometimes dig in on relatively unimportant items. I remember one seller who was furious when she realized she'd signed a commitment to leave the drapes. "OK," she said, "but I'm going to take the curtain hooks!" And she went to all the trouble of doing just that.
ARE THEY BOUND?
Dear Edith: We accepted the buyer's offer and signed a sales agreement on our home on Aug. 30. However, the requested settlement date was too soon, so we changed it to November. The buyers still have not agreed to the changed settlement date. It has been two weeks since we signed the agreement. What is a reasonable amount of time to wait, and can we back out of the deal and put our house back on the market? -- E.W.H.