What to do if seller wants out of a signed deal? We love the house got a good price so we want it to close.

Wsuredleg
Home Buyer
Bonney Lake, WA

We found a great house at a good price, and after an offer and counter-offer, the seller signed. The deal has gone to escrow so we are proceeding with the loans, inspections, etc, but the seller is making noises that she regrets the deal and wants out, and she is beginning to fuss at the inspections (which are all standard-nothing unusual). Should we try to force this deal if she continues to balk or start looking elsewhere?
Our realtor is walking a fine line between being nice and being firm/keeping the deal on schedule, and she says it like walking on eggshells to avoid an emotional reaction from the other party. The seller has had 3-4 realtors, and the one she has now is not real good- she has not helped negotiations and we have a tough time getting straight answers to our questions.
We are a military family that is moving in a month and it would be very nice to move straight into a house we like- the only problem with this deal is this strange reaction we are getting.

Answers (4)
Amanda Smith
Agent
Puyallup, WA

I agree with proceed ahead. The papers are signed and that is legal and binding. Selling and buying is a very emotion thing for a lot of people, that is why working with a realtor is in everyone's best interest. We can negotiate on your behalf with out getting emotional with other side. Your realtor and the other realtor should not be talking about anything that is not in writting and signed around. That tend to get everyones emotions in the wrong place. Just move forward to closing and let your realtor know that you don't want to hear anything that the seller didn't put in writting first. Good luck!!

Tue Apr 28 2009, 12:13
Sam DeBord - Se...
Broker
Seattle, WA

Proceed as if everything is fine. A seller's emotional state is not a part of your transaction. If the seller tries to back out, get a real estate attorney involved, but until that point it's just background noise.

Real estate transactions can be stressful enough on their own, you can't worry yourself with the seller's emotions. The Realtors are paid to deal with that. Do your standard inspections, negotiate in a way that works for you, and try to close the transaction.

Good luck!

Web Reference: http://SeattleHome.com
Mon Apr 27 2009, 19:17
Julie O'Brien
Agent
Auburn, WA

I would recommend you have your agent speak with her broker and find out what options you have to proceed. You may also want to have your agent just give you the facts of the situation so you don't have to deal with the "reaction" of the seller. You would just deal with the issues.

Without being a real estate attorney and never looking at the contract or knowing the exact terms; I cannot advise you of what you should do, but I do know that with some of my previous transactions we have "forced" the seller to close. It's usually not very pretty and certainly not a position I like to be in, but we represent our clients and we do whatever may need to be done to get it closed.. If she still refuses, then I believe you could sue for actual damages "fees, cost of staying in hotel until you close on another home, etc." That would definitely be a question for a Real Estate Attorney.

It may just come down to how much you want this home. Is it the home you see yourselves in for 10 years or was it a "quick fix"? It may be that there are others out there that fit your needs even better. You may have your agent do a search of available homes as well.

Good news is that it is the perfect time to move here. We are toward the end of the rain and will have a beautiful summer! Being that close to Lake Tapps will be a great benefit to you.

Good luck to you!

Mon Apr 27 2009, 19:07
Yink Aikens
Agent
Los Angeles, CA
FIRST ANSWER

If your seller has signed and approved the purchase agreement, she cannot back out of the deal. If she has gone through many Realtors it could be because she is flaky and has pulled this before. I would recommend consulting a competent real estate attorney to advise you of your rights to be sure, as each state has different laws. However, since this transaction is at the point of escrow, it is likely the seller will have to go through with the transaction whether she likes it or not. But don't waste time assuming, find GOOD REAL ESTATE attorney. You may contact your local board of Realtors for a referral.

Mon Apr 27 2009, 18:43

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