Acceptance of an offer, definition of equity
Answers to real estate questions as appearing
in the Houston Chronicle
By george stephens, CRB, AND Charles J. "Chuck" Jacobus, JD
Dear George: My husband and I are working with a REALTOR® to find a home. We made an offer on one that was in foreclosure and, after a few counters on both sides, we reached an agreement. After submitting our signed paperwork and earnest-money deposit, we were told the sale would not happen because the house had been sold to a mortgage insurance company. We've been told that we'll get our earnest money back, but how could this happen?
Answer: Your agent should have told you that your offer isn't accepted until the seller signs it, initialing any changes, and the seller's agent tells you or your agent of your offer's acceptance. Too many buyers mistakenly think that their offer is accepted when a seller or his agent says so. You were told your offer was accepted before it had been signed by the seller, or the seller did not have the authority to accept your offer since a mortgage insurance firm ended up with your property.
Dear George: If I make a $60,000 downpayment when I buy a house, does that mean I have $60,000 in equity when I sell it?
Answer: Yes, but only if the house holds its value or appreciates.
E-mail your question to "Ask George & Chuck" or fax it to 281/596-7591. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.
Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.
George and Chuck are co-authors of Texas
Real Estate Brokerage and Law of Agency published by Thomson Publishing.