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Lot purchase offers by phone, email and text

By ERIC FEICHTHALER - Real Estate Law | Jun 24, 2021

Eric Feichthaler

Dear Mr. Feichthaler:

I have owned a lot in Cape Coral for about 10 years now, and I hope to build on it someday. Recently, I have received a few letters from people wanting to buy the lot, which has happened occasionally. However, now I am getting texts on my phone asking if I want to sell. Are these texts legitimate?

— Byron N.

Dear Byron:

The texts are legitimate in the sense that someone would like to buy your property. Whether someone contacts you by phone, email or text, the first contact is just an invitation to make a deal. All real estate contracts require a writing, so you should be clear that any final contract should be in writing on the approved FAR/BAR form and signed by all parties. Typically, what the person texting is hoping is that you are not aware vacant land in Cape Coral has gone up significantly this year, and that they can get your property for a great price. Unless a seller is fully aware of the prices of similar lots in their area, it is advisable to hire a reputable real estate agent to make a market analysis and advise of a fair price. Websites like Zillow can give you a general idea on value, but I can tell you from personal experience it can be inaccurate, particularly with vacant land.

As always, I recommend you seek legal counsel before signing any contract to sell your property unless you fully understand all of the terms the contract contains. We are seeing more “simple” contracts presented to clients that would put the seller at a disadvantage.

I wish you an excellent price for your property should you choose to go forward.

Eric P. Feichthaler has lived in Cape Coral for over 33 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, Cape Coral Historical Museum, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 20 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator.

Mr. Feichthaler can be reached at eric@capecoralattorney.com, or (239) 542-4733.

This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.