Home Buying in 02780>Question Details

Deljg, Home Buyer in 02780

The seller refused to sign the purchase contract, do we have a legal standing to be reimbursed?

Asked by Deljg, 02780 Thu Jun 11, 2009

When the purchase agreement was due to be signed, the listing agent got the contract to us approximately 48 hours before it due. We signed the contract, but the next day our agent informed us that the seller was refusing to sign until she purchased a new house, which we already stated was NOT something we'd agree to, as we already offered her the full asking price (after it being on the market for less than 24 hours), agreed to having TWO closing dates written into the contract, and had the inspection done quickly. Once she refused to sign the contract when it was due, we withdrew our offer, requested that our deposit be returned, and that we be reimbursed the money we expended in good faith. Her agent sent us a release to sign, which only listed a portion of our earnest money, stated nothing of being reimbursed, and would waive our right to pursue any claims. Although we refused to sign the release, the agent listed the house as Back on Market. Do they have the right to do this?

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4
Scott A. Nelson’s answer
You need an attorney ASAP to guide you forward. Gather up all your documents, emails, receipts & reports and have a qualified attorney review your situation and go over what options are available to you.
Web Reference: http://www.MedfordHouse.com
1 vote Thank Flag Link Thu Jun 11, 2009
Delig, sounds like you'll want to speak to an attorney. Talk to your agent about the listing sheet as "subject to seller finding suitable housing" should be disclosed as well. This is also something that should have been on the P&S with a cap date.
0 votes Thank Flag Link Sat Sep 12, 2009
Several pieces of information are missing here. Do you have a signed and accepted offer? Do you have a Buyers agent who submitted the offer? If you have a buyers agent I would seek their help in rectifying this matter, otherwise if you can't work this out some other way, I would consult an attorney for their opinion. A seller can change their mind on selling no matter what the offer is, however if you have a signed agreement by both parties as to price and conditions, that is a different story. Best of Luck to you !!
0 votes Thank Flag Link Fri Jun 12, 2009
call your real estate attorney and file a lien with the city. Sounds extremely frustrating and emotional. Sorry you are having to go through such and experience especially since you placed such a fantastic offer and obliged to all the sellers other requests.
0 votes Thank Flag Link Thu Jun 11, 2009
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