The buyer's lawyer want to cancel the sale, after signing and partial payment. What rights do we have now?

Asked by Bjorn Askholm, Scottsdale, AZ Fri Mar 1, 2013

We have a buyer who signed the contract and did a partial payment as agreed for our company. Now the buyer have not done the 2nd payment, and after 1 month we can not get in contact whit them any more. The buyer's lawyer want to cancel the sale. What rights do we have now?

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Fri Mar 1, 2013
If you are using the standard Arizona Association of Realtors real estate contract, it spells out who has what rights to cancel within certain time frames. Please consult a real estate attorney regarding your specific contract and ask him wherther you have any actionable rights of "specific performance".


Mead Summer
Realtor & Branch Manager
HomeSmart Real Estate
Phoenix, AZ
1 vote
Jeff and Jane…, Agent, Scottsdale, AZ
Fri Mar 1, 2013
This is a difficult question without a copy of the contract to see what the terms and conditions are associated with the contract. The best advice at this point is to consult with a real estate attorney for their opinion. If you need help finding a real estate attorney we know a couple that our clients have used and were pleased with their services.

Jeff Daley, PhD
Licensed REALTOR(R) State of Arizona
1 vote
Rob Ryan, Agent, Scottsdale, AZ
Sat Mar 2, 2013
Bjorn -

You should review the contract in detail with your Realtor to determine the obligations the Buyer has in your deal. Since your Realtor is not an attorney, I would strongly advise you to hire a good real estate attorney to review the contract and advise you in this matter. If you need suggestions on an attorney, please contact me.

Rob Ryan
West USA Realty
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Flag Sat Mar 2, 2013
Bjorn Askholm, Home Seller, Scottsdale, AZ
Fri Mar 1, 2013
Please contact me on
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Jeffrey Masi…, Agent, Scottsdale, AZ
Fri Mar 1, 2013
Dear Bjorn:

Since this is a legal issue and no one here in this open forum has the contract that governs this question an answer will not be able to be determined.

You should review the matter with your Realtor and your attorney for proper advice.

May I wish you the best.
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Flag Fri Mar 1, 2013
Brad Bergami…, Agent, Prescott, AZ
Fri Mar 1, 2013
You are dealing with a buyer's attorney.. perhaps you need your own.
Seek legal counsel.
If you used a Realtor ask your Broker to look at contract and seek legal counsel.
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Jennie Miller…, Agent, Phoenix, AZ
Fri Mar 1, 2013
I am not very clear on what your situation is. Have you spoken with your Realtor and attorney?
0 votes
Phil Rotondo, Agent, Melbourne, FL
Fri Mar 1, 2013
You may need to consult your own attorney to discuss your rights.
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