We agreed to sell our house for a low price because the realtor said she would buy our piano to offset costs.

Paige
Home Buyer
45680

The buyer's realtor then refused to buy piano at agreed upon price. Are we now forced to go through with the contract? Can this be considered "lack of consideration" or "misrepresentation"?

Answers (2)
Tj Roberts,real...
Agent
43221

Paige is it written in contract?call your local board of Realtors,and run it buy the committee.That will get his attn.

TJ

Fri Jun 5 2009, 05:40
Grace H. Morioka
Agent
Cupertino, CA
FIRST ANSWER

Hello Paige and thanks for your question.

Obviously, only a qualified real estate or contract law attorney may properly answer your question, so you may wish to speak with one who can review your documents to determine your rights. However, speaking solely from the "bleachers", it certainly sounds as if you have two (2) discrete contracts and not one. In fact, unless the purchase contract references the piano purchase by the buyer's Realtor as the reason for acceptance of a lower than desired price, the two agreements--the first to buy the house and the second to buy the piano--may not be interconnected or contingent as to necessarily have one unilateral contract affect the other nor constitute grounds for cancelling the purchase contract. Again, however, I caution that you should consult with an attorney to obtain the best and most accurate opinion on this matter.

I wish you very good luck in resolving this matter. I might suggest talking with your Realtor or real estate professional to obtain the name of good attorney and also to see if there is anything she might be able to do to clarify the reasons for the other agent's offer to buy the piano and then her sudden refusal to do so and to break a verbal contract.

Sincerely,
Grace Morioka, SRES, e-Pro
Area Pro Realty
San Jose, CA

Thu Jun 4 2009, 23:07

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