The New York State Real Property Law explicitly prohibits brokers and sellers from developing any type of legal documents, but this provision of the law has only been applied in a case-by-case manner. The binder contract indicates that it is valid when faxed and valid if it is signed as a counter-signature. This last point means that when one party signs the binder contract and another party signs an identical copy of that contract, the copies are valid together, as if the parties had signed the same document. This .B useful if multiple vendors exist in different parts of the world: an identical copy can be sent simultaneously to anyone instead of spreading a document to multiple people. « If someone has accepted the sale and someone has accepted the purchase, there is no reason why they should not be bound by this agreement, » Ostertag said. « On the other hand, the simple decision as to whether a printed form contains all the details that should be in a contract is in itself a legal decision that should not be made by someone who does not behave about such training and training. If you follow this rule, no broker should ever prepare some kind of contract. The same elements are found in most binders, so that binders, especially larger ones, often become contracts that can be imposed by a court if one of the parties attempts to withdraw from the business. As a general rule, such disputes are avoided. But not always. « I tell any seller I have that I`m going to break all their fingers if they sign a file, » said Myron M.
Nagelberg, a Real Estate Lawyer from Nassau County who teaches a brokerage course at Queens College. « I tell every buyer to sign a file because a seller will not follow a buyer who is not willing, because it would bind his property. » However, if a broker kept the file and the buyer and seller fail to reach an agreement, the broker can send the deal free of charge to the Florida Real Estate Commission (FREC). The FREC will then make a decision based on the evidence provided. The result of this decision is legally binding. A broker`s commission agreement is included in the binder and the seller is invited to sign it. This would assure the broker that they will be recognized as the agency that obtained the buyer, which prevents the seller from circumventing the broker`s fees and entering into a private contract with the buyer. Mr. Nagelberg mentioned two cases of damage to binders signed by clients. In one of them, a buyer agreed to pay $2000 for the purchase fee – the seller`s purchase fee.
In another, the seller agreed to pay « mortgage investment fees or a discount that are necessary to obtain the buyer`s mortgage. » In other words, he agreed to pay points. A real estate agent was called, a buyer was found within the week, and the realtor brought to the brandwein a binder already signed by the potential buyer, who confirmed a $250 deposit and indicated the location of the house and the agreed price. The Binder also provided that a sale contract would be concluded at a later date and that the broker was entitled to a commission.