There are some questions that may not be clear in your contract. Settlement and possession are two different birds. Depending on your contract and state law, possession may not become effective until the deed conveys (recorded) and the seller is paid. Settle on Friday at 4:00 PM before a three day weekend the deed transfer and proceed disbursement may not happen until sometime the follwing Tuesday. - Sat Oct 18 2008, 05:02
I find that some agents do not know how to write a clean proper offer in large part because they do not fully understand what things mean. Now you add a well, attorney prepared addendum into the mix and it becomes riskier. You absolutely need an attorney here to guide you through this. I also think you need the best title insurance available. We have "enhanced" policies here. The bank i covering it's liability and so should you. - Sat Oct 18 2008, 04:50
I have always felt this was an "I don't trust you" clause hidden in lisitng agreements that if and when presented to a seller at the time of listing is seldom if ever given the discussion it deserves. If a seller or a buyer I have shown the house want to get together and make a deal on their own, fine. I don't need or want them anyway.
Many agents do not insist on going over each item in a listing agreement, even if the seller says, "No, I'm OK with everything and I trust you." Big mistake on both parts. I insist on sellers knowing what it all means. The listing agreement is often presented with a major component missing. All sellers should be presented with and thoroughly review a "Purchase Agreement" and all potential addendums that will likely be presented with an offer at the time a listing agreement is presented. - Sun Oct 12 2008, 05:57
This subject comes up regularly and as a seller there are things you can write into the listing agreement to prevent future problems. A very simple clause requiring the listing agent to do as Keith does would not only bind the agent/broker it would also keep things very clear.
Secondly, I suggest sellers limit that little clause to not more than 30 days. In Virginia the contract is a little ambiguous. It includes the word "introduced". I'd like to know how this is defined in a court of law.
I'd like to know how many agents would admit going after a commission from a past client. Personally I think it would be more of a PR nightmare than it's worth. - Sat Oct 11 2008, 04:57
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