All the best,
A offer is basically a fill-in-the-blank form. Just look at it. There are some spaces to check, some initials and lots of boilerplate language. There is no "writing" going on there. If you've made more than one offer in your life, compare them and you'll see that most times the only thing that changed were some dates, some amounts in accordance with the offer price and the address and names of those involved. Everything else was probably the same or close to it.
The problem with having a real estate agent interpret contract language is that they are unqualified nor equipped to do so and relying upon information like that can lead to serious problems, legally.
If you ever try to get some accountability for interpreting a house purchase contract guess what? No agent is going to stand up and take that responsibility. An attorney is legally and ethically bound to provide legal interpretations of contact language so spend the few hundred dollars to get it. At the same time, they can write a letter on your behalf, documenting that interpretation and give you the foundation you need should the other party continue to pursue some action. No real estate agent will do that because they can't, legally or otherwise.
Your real estate agent would get many thousands of dollars. Spend a few hundred for accurate and reliable contract interpretation. Relying on an agent to interpret a real estate purchase contract is one of the biggest mistakes you can make.
Your agent is your best resource as he/she is familiar with the terms of your contract and laws of your state. Buyers can always ask for things and if both parties don't agree to it then the terms have not changed. Just because you said no should not mean the contract is cancelled. Unless the buyer is not performing and out of their time lines and then there should be measures within in the contract as to what rights you have as a seller.
If the Buyer still wants to buy find a solution which is win win for both of you and you all will be happy.
Have an amazing day.
First of all, read the words in the contract... all of them. Then, read the words in the request of you to make changes... all of them. Then, read the words in the cancellations you did... all of them. See what they said, match them to the time frames. and quote them to the buyer and buyers agent through your agent IN WRITING. If it is there in black and white that you conformed, then your communication should make it clear.
If they decide to try to assert breach of contract, then they will have to either go to Mediation or Arbitration or see an attorney and show them your letter. If your letter documented the events and you conformed to the words and actions and time frames in the agreements, a mediator or arbitrator or attorney will immediately see that the buyers have no position to support with their allegations and advise them as such.
You can also assert in your communication about the black and white that if they continue to persue YOU for breach of contract, you will persue THEM for bringing a "Frivolous Lawsuit" and that can mean they have to pay you for your expenses and damages.
If the buyer is unwilling to fulfill those terms, then it will be the buyer cancelling, not you. If they agree to your terms, then you can proceed because you will have what you want.
thanks for your import. just gets a little crazy for both ends
Consult with your real estate professional.
Following the sequence of events from the information in your question is inadequate to receive an actionable response.
There may be several options available. That's why you hired a pro. Don't second guess your agent with stuff coming from aggregate websites. Take a deep breath, decide if you still want to sell your home, then work with your agent to achieve the outcome you expect.
Best of success to you,
Annette Lawrence, Broker/Associate
Remax Realtec Group, Palm Harbor, FL
What does your agent/broker say?
Lance King/Owner-Managing Broker
Do you still want the house?
Can you settle your differences?
If you say YES,
I would suggest submitting a NEW OFFER, giving all your TERMS and an ADDENDUM that covers you both for past transgressions.
Why isn't your Realtor involved in this, keeping you out of trouble?