Made a full price offer on a home and it was excepted.We gave a deposit to our agent,but now(a day later)the owner refuses to sell.Now what do we do?

Asked by Norm, Wesley Chapel, FL Tue Apr 20, 2010

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7
Gerard Carney, Agent, Spring Hill, FL
Wed Aug 18, 2010
The contract woul be your only redemption! If there was not a signature on both side of the contract there was no agreement and no obligation! The fact that you gave offer and you gave a deposit, it wasn't cement until both sides signed! You'll also notice that they had the right to counter offer even if at first they accepted an offer since it was not signed the acceptance is he said she said!
1 vote
Sheri Place, , 33544
Sun Jun 27, 2010
If the seller has changed their mind, it is best to move forward with a new home. If your agent has not submitted your escrow deposit to the title company yet, just ask them for it back. Sellers can be very difficult and if you're looking to close in a reasonable amount of time, it's best to find a new home where the seller DOES want to sell.

Happy House Hunting!
1 vote
Alma Kee, Agent, Tampa, FL
Tue Apr 20, 2010
Hi Norm,

In Florida, unless a contract is "in writing" then it isn't enforceable. If you have a contract signed by the Seller then you may be able to hire an attorney to force the Seller to sell to you. If you do not have a contract "in writing" then you will absolutely be wasting your money to file a lawsuit for Specific Performance.

Now, as mentioned below...the Seller can make things difficult and if they are devious could even cause unseen damage to the house!

It's a shame a person is good for their word.... Also if this is Short Sale, it may not ever close so you may actually be better off. And the terms of the short sale addendum also allow a seller an escape after 45 days anyway so you also will have little hope of ever getting the house.

So continue looking...
1 vote
Christina Ba…, Agent, Tampa, FL
Fri Jul 2, 2010
Hi,

I would just move on it is not worth the headache of going to court,etc. There are many homes out there!
Web Reference:  http://www.TeamBarone.com
0 votes
Mark LeMenag…, Agent, Lake Nona Orlando, FL
Sun Jun 27, 2010
Hi Norm,

Until both parties have signed the contract, nothing is accepted. If the seller's did sign, then you may be able to sue them for performance, contact a lawyer. If the seller's did not sign, then they never accepted the deal and you need to get your money back and move on.

Good luck.
0 votes
Myke Atwater, Agent, Santa Rosa Beach, FL
Tue Apr 20, 2010
Just have your agent file the withdrawal for your escrow money and continue shopping. You really don't want to buy a house under those circumstances, anyway, as seller could make life difficult. But don't worry about your deposit--just make sure your agent processes the paper work to the title company.

Happy house hunting!!

Myke Triebold, gRI, LMC
850-305-6256
MykeSaysSold@aol.com
http://www.DestinHomeRealtor.com
Web Reference:  http://www.MykeTriebold.com
0 votes
Dallas Texas, Agent, Dallas, TN
Tue Apr 20, 2010
Move on seller has the right to change their mind.
Web Reference:  http://www.lynn911.com
0 votes
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