My real estate agent brought an written offer to purchase my home in Olathe - I'm not sure I have a sales contract

Question: My real estate agent brought an written offer to purchase my home in Olathe. Instead of signing, I made a written counter offer. According to my real estate agent, the buyer made a verbal counter. I agreed to the buyer's counter, verbally. My real estate agent told me the buyer had signed the offer. When I asked the agent if I needed to sign the agreement she told me that I had already signed the counter-offer. I never signed the counter-offer agreement with the terms we verbally discussed. I want to make sure that an error does not delay the sale or we proceed to closing with the wrong terms. What should I do and do you thing I really have a contract?
Annie S. Olathe, Kansas

Answer: Annie, from what you described it does sound like you may have an agreed upon sales contract. Since only written contracts are enforceable in Kansas, make sure all parts of the sales contract is in writing. It is common to negotiate real estate contracts verbally, then follow-up in writing.

Since you are entitled to receive all copies of every document, I would first request a copy of the entire contract in writing. After receiving the contract, look at the counter offer. Review the counter for the terms you agreed to verbally. Also review your signature and the buyer’s signature/dates.

I would also request a copy of a estimated sellers proceeds statement from your real estate agent and the title company.

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Blog post written by the Dowell Taggart Team of RE/MAX Premier Realty 

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