Trulia Voices Real Estate Q&A in 55109

Jenny
Jenny
Home Buyer
Minnesota

I recently put an offer on a short sale & I have now found a great property that is not a short sale. Can I?

get out of my offer on my orginal? My realtor is out of town & I will ask him when he is back in town. Any advice would be great! Thanks

Helpful (0)  
Share
Save
Report  
Mary Leizinger
Mary Leizinger
Real Estate Pro
Eden Prairie
Sun Jul 13 2008, 18:37

If you have only made the offer and it has not yet been accepted or if the seller has extended a counter offer to you that you have not accepted, you can withdraw your offer or decline to negotiate further. Your agent or another agent in your agent's office can assist you with that. Call the office and ask to talk with the broker. There is probably someone assigned to cover your agents business while they are out of town who can help you with this. Timing is everything, so don't delay.

If your offer on the short sale has been accepted, there may be contingencies, such as for an inspection that would allow you to escape the contract. Get advice from your agent's broker or designated backup on that question right away. You may have a timeframe for the bank to approve the offer. The offer may not be signed by the seller until the bank approves.

If your contract is fully executed and all contingencies cleared, you may be out your earnest money or have other trouble if you try to escape the contract. In this case, you should consult a good real estate attorney.

Helpful (0)  
  Report
Scott Hutchinson
Scott Hutchinson
Real Estate Pro
Minneapolis
Sun Jul 13 2008, 14:03

Jenny,
If you have an signed/executed offer (that both buyer & seller signed), you will need to execute a cancellation....even if it is subject to "bank approval". As stated below, call your agent and he/she will know how to deal with this.

Helpful (0)  
  Report
Aaron Dickinson…
Aaron Dickinson…
Real Estate Pro
Minneapolis
Sun Jul 13 2008, 13:48

If it is signed it makes it more difficult to cancel but again, depending on the exact terms of how the offer was written, it might make it binding at this point or only binding after the bank accepts the offer as well. There also may be a timeline in the offer in which the seller has to get the bank's answer or the contract is canceled.

With these types of offers there are many variables and depending on how the agents & parties negotiated the terms, several options may apply. Sorry, but only your agent or an attorney that has seen the offer would be able to tell you for sure!

Helpful (0)  
  Report
Jenny
Jenny
Home Buyer
Minnesota
Sun Jul 13 2008, 13:34

Hello! Thanks for the responses! It is a short sale & they buyer has accepted my offer but now we have to wait for the bank to accept (which I know could takes months).

Helpful (0)  
  Report
Teri Eckholm
Teri Eckholm
Real Estate Pro
Anoka
Sun Jul 13 2008, 11:49

Hi Jenny!

I cannot tell from your question whether the offer was accepted or not.

If a buyer's offer has not been accepted or has been verbally accepted but is not fully executed (with ALL signatures from all parties on the entire document) whether home is a short sale or not, a buyer would have the right to withdraw the offer. A non accepted offer can be withdrawn at anytime. But if buyer and seller have agreed on all stipulations to the offer, and the purchase agreement is fully executed, then you have a legal contract.

Check with your agent, broker or a real estate attorney to see what your options would be.

Good luck!

Helpful (0)  
  Report
Lynn911.com Dal…
Lynn911.com Dal…
Real Estate Pro
Dallas
Sun Jul 13 2008, 11:30

Do you have an executed contract what is the option period? if so you need to contact the broker for that info. IF you dont have an executed contract THEN YOU COULD be fine, depends.
http://www.lynn911.com http://www.homes-for-sale-dallas.com

Web Reference: http://www.lynn911.com
Helpful (0)  
  Report
Aaron Dickinson…
Aaron Dickinson…
Real Estate Pro
Minneapolis
Sun Jul 13 2008, 11:19
FIRST ANSWER

It all depends on the terms of the offer as you wrote it. Without seeing the contract, we can't give you any direct advice.

My suggestion is to call your agent's cell phone or the person handling their business when they are out of town. In most cases he/she will still be able to give you a timely response.

Web Reference: http://www.AaronSOLD.com
Helpful (0)  
  Report

Didn’t you find what you are looking for? Ask a question!

Quick Links
Trulia Voices

Home

Questions & Answers

Blogs

Agent2Agent

Using Trulia

Contribute

Ask a Question

Write a Blog Post

Surviving the Housing Crisis: Worried about the housing market? Visit our Surviving the Housing Crisis Resource Center. Read what people are saying and ask the experts for advice.
Ask a Question
Search Advice & Opinions
Email me when…

Learn more