GBAR :: Informer - August 9, 2012

REALTORS® are known for being many things; ethical, charitable, dedicated, and…talented! That's right, we know that there are several of our 5,600+ members out there that like to perform on stage when they aren't selling houses. And we need you to participate in REALTOR'S® Got Talent on October 10, 2012 at the Hard Rock Café in Boston. While we aren't expecting Grammy like performances (although we would love it!), this evening is meant to be really fun, very entertaining, and a great way to unite and raise money for the NAR Political Advocacy Fund (NAR PAF), something that we all benefit from. The NAR PAF utilizes funds to support public policy campaigns, political programs and related administrative costs, helping to ensure that issues that matter most to REALTORS® are in front of our legislators. So go find that guy that won't stop tapping his GBAR pen and the REALTOR® who quietly sings a beautiful song while making her morning coffee and encourage them to be a star and register for REALTOR'S Got Talent!.

Carolyn Chodat
2012 Programming Committee Chairperson

LEGAL TIP

Can a series of emails, one of which contains an unsigned Offer to Purchase, bind a buyer and seller of real estate to an agreement, without ever signing it? One Massachusetts Superior Trial Court said yes...

ANSWER:
Use Caution When Negotiating Via Email
A Massachusetts superior court recently held that a series of emails, one of which containing an unsigned Offer to Purchase, could satisfy the Statute of Frauds to bind a buyer and seller of real estate to an agreement, if the material terms of the agreement were present and the parties, through their conduct, displayed intent to be bound. In the case of Feldberg, et al. v. Coxall, the exchange of emails was between the attorneys for the buyer and seller. Throughout the course of the transaction, the parties communicated through email. This case hinged specifically on several exchanges, namely, the emails with an Offer to Purchase attached and the seller’s attorney’s response. The buyer’s attorney attached an unsigned “revised offer” which included the material terms of the offer: a purchase price, a property description, and a closing date. The seller’s attorney responded by requesting written approval by the bank that day “and I think we are ready to go.” The Buyer’s Attorney responded several hours later with a copy of the commitment letter from the bank...read more