When is a Purchase Agreement Binding

[Susan Johnson]

My question involves real estate located in the State of: Oregon

Hello, I am half owner of a house. My Mother and her husband have both passed on and the house was left half to me and half to his daughter.
She wanted to buy me out. She wrote up a contract , presented it to the title company that she was paying me with down payment and then payments over 2.5 years for the house as is. We both signed the agreement and it is at the title company alltho the final paper was not yet drawn up.

She has gone ahead and proceeded to fix up the house. Spent $20,000 on it. She has now changed her mind and says that I need to pay half of the fixing up. But, that was not in the original agreement. She now wants to sell the house but not start the agreement of payment to me until the house sells. No money has been given to me. She wants to back out of the contract.

We have both signed the agreement for the sale and it is at the title company so alltho it is not notarized wouldnt the title company be witness to this document?
Can she back out now ??? Or will this document that we both signed hold up in court? She is allready in breach as I have recieved no money as of yet. The first payment was supposed to be May 1st.

Thank you.

[SChinFChin]

My question involves real estate located in the State of: Oregon

Hello, I am half owner of a house. My Mother and her husband have both passed on and the house was left half to me and half to his daughter.
She wanted to buy me out. She wrote up a contract , presented it to the title company that she was paying me with down payment and then payments over 2.5 years for the house as is. We both signed the agreement and it is at the title company alltho the final paper was not yet drawn up.

She has gone ahead and proceeded to fix up the house. Spent $20,000 on it. She has now changed her mind and says that I need to pay half of the fixing up. But, that was not in the original agreement. She now wants to sell the house but not start the agreement of payment to me until the house sells. No money has been given to me. She wants to back out of the contract.

We have both signed the agreement for the sale and it is at the title company so alltho it is not notarized wouldnt the title company be witness to this document?
Can she back out now ??? Or will this document that we both signed hold up in court? She is allready in breach as I have recieved no money as of yet. The first payment was supposed to be May 1st.

Thank you.

Sounds to me you got a real estate Purchase and Sales contract, and you have not gone to closing yet. Note the following on the enforceability of real estate contracts:

http://en.wikipedia.org/wiki/Real_estate_contract

If the contract contains all of the elements listed, then it is enforceable. If you are not sure, bring the contract over and have an attorney review it, as we do not have the details of all the peculiarities of the contract.

You'll also note that the P&S contract need not be notarized to be enforceable. Generally, if a document is to be recorded, then the recording office requires these documents to be notarized.

You said she wrote up the contract, and now tells you it's all a mistake because it did not take into consideration repairs she chose to make in the meantime. Usually contracts are construed AGAINST the maker of the contract, in this case, the purchaser, if she now claims it was ommitted.