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Old 06-22-2019, 05:06 AM   #1
Tapp221
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Default Is the real estate contract actually valid if unsigned?

Hello. I have a home which is presently being rented to own by a tenant.The contract has never been signed by myself (owner) and I have decided not to sell it. If I return the full security deposit to the tenant am I within my rights to re-claim my home? I feel the contract is not valid due to the fact that I never signed it or had it notarized. Can you please tell me my rights? Thank you for your time and assistance.
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Old 06-22-2019, 10:38 AM   #2
adjusterjack
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Default Re: Is the real estate contract actually valid if unsigned?

It would help to know your state. All states have a "statute of frauds" that require signed written contracts for the sale/purchase of real estate. However, there are exceptions and performance of the contractual obligations is one of them.

You provided the property, the tenant is paying. That's performance.

The tenant would have the right to enforce the agreement in court if you tried to renege and would probably be successful.

If you want your house back you might have to pay him a lot more than just his security deposit to get him to agree to give up the agreement and relocate.
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Old 06-23-2019, 11:32 AM   #3
AFFA
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Default Re: Is the real estate contract actually valid if unsigned?

I wish to inform you that real estate contracts must always be in writing in order to be enforceable. Further, the written contract must be signed by all the parties. You may contact an attorney and seek further guidance in the matter.

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