to the bank who also accepted. Now when asked to sign the offer the seller wants to add a no contents at all clause. Can he get awy with that? Listing and my offer that went to bank included the appliances.
It really depends what is in the contract and addenda.
Basically, you of course can try to sue for specific performance, but it is not easy especially when the Lender is involved.
Again, check your contract and addenda. Standard As Is contract (that's what is usually used for short sales) specifies right there on the first page what is, and what is not included. Also check special clauses on page 2 as if there are any changes to the standard contract, you may see them there
Until it is in writing, signed by both parties and delivered (faxed back, etc.) it is not considered binding.
Thankfully the seller came to his senses and agreed to sign the original offer without the "no conents" statement. All back on track.
Nervous
What does your Realtor say?
In real estate, if something is attached to the property (that means when you saw the property, and on which you based your offer) then it STAYS with the property.
For example, window coverings, ceiling fan, a stove, kitchen cabinets, etc.
Contents normally refer to anything that is not attached - furniture, rugs, tables, etc.
Don't panic, get the facts, ask questions.
Actually my offer was standard written offer with short sale addendum which I believe once seller verbally accepted via phone and email to his realtor the realtor forwarded to lender to consider. Lender immediately accepted. Then seller came into office to sign my offer that was already sent for lender consideration and added this new clause "no contents at all" and then initalled and dated the offer. Seems to me that won't fly with the lender as the seller would now profit from the sale and the lenders acceptance specifically states that seller should not receive any profit from the sale that everything should be remitted to the lender to pay the debt. I'm still working with realtors to sort out. I don't even know waht "no contents at all" means.
Title XLI of Florida Statutes requires that contracts that convey an interest in real property must be in writing and be signed in order to be enforceable. There are exceptions that an attorney could advise you on. Have you paid part of the purchase price?
Keep in mind, your agreement is with the seller on a short sale transaction.
In general you need to have all real estate contracts in writing.
Phil Hanner
Concord Real Estate
Since your original offer was verbal, you will have a hard time enforcing any of the terms. If you have not already agreed in writing to the new terms, it seems that you have two choices:
1) Accept the renegotiated terms and get everything in writing signed by all parties.
2) Walk away and find another home to purchase.
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