can the seller a week after closing was finalized claim there was a mistake in the counter offer adendum?

Asked by melissafj77, 77381 Sun Dec 9, 2012

the house was offered for inspected then negotiated to a lower price the seller agent sent an adendum with a price lower that what they claim now was negotiated for 4 days after closing ( a week after they drafted signed and we signed this final contract) they are claiming we owe them the difference from what they thought they wanted and what they signed on

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Brian Rayl, Agent, Dallas, TX
Wed Dec 12, 2012
The State of Texas contract clearly states that any verbal agreements are nonexistant and what ever is in writiting is the legally binding contract. If they "THOUGHT" they were agreeing to one price, but then signed an amendment with a different price on it, then that is their fault.

They then went to the closing table and had the title company walk them through every single line item on the HUD1. They signed the paperwork that they agreed with this.

It is a bit late to come back and say they made a mistake. Yes, THEY made a mistake. No one else. They need to learn from their mistake and move on. If they take it any farther, you need to hire a real estate attorney and/or perhaps talk to your title company.

Best of luck
1 vote
Tommy Burris, Mortgage Broker Or Lender, Baton Rouge, LA
Sun Dec 9, 2012
Contracts were signed?
Don't let them bully you......

I would mention to them that if they sue you.... You can and will counter sue for your legal fees.

This is bull.... They are trying to work you for a freebie.... don't be a sucker

Tom Burris
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1 vote
Maria Batista, Agent, Jersey City, NJ
Sun May 26, 2013
This is a question for your attorney, but is there a difference in the number you guys agreed to after negotiating the home inspection issues and the number that's on the addendum?
0 votes
Darby Grimme…, Agent, Shenandoah, TX
Sun May 26, 2013
If the addendum states the new (lower) sales price and all parties signed and dated this change then all is well. The seller does not have recourse simply because they didn't read the addendum with the change in price that they signed. By signing, they agreed to it.

0 votes
Robert Gryder, Agent, Spring, TX
Wed May 15, 2013
If the contract that was signed by all parties is what was present at the title company, the transaction has closed and funded there is no recourse. Hopefully all of the paperwork was in order. Even if not the Title Company has underwritten a Title Policy of Insurance and must indemnify any mistakes if any.
0 votes
Tom Inglesby, Agent, Portland, OR
Tue Mar 26, 2013
Recorded it is done. Sleep tight. Tom Inglesby, Broker
0 votes
Carla Pennin…, Agent, Georgetown, TX
Wed Dec 12, 2012
If its closed its done. Don't lose any sleep over it. Tell them to talk to your attorney.
0 votes
Jeanne Feeni…, Agent, Basking Ridge, NJ
Mon Dec 10, 2012
I agree with Bruce - closing and passage of title is generally the end of the line. I would share with your agent and attorney/closing agent so you have your own documentation in order.

Good luck,
Jeanne Feenick
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0 votes
Bruce Lynn, Agent, Coppell, TX
Mon Dec 10, 2012
The question for me is difficult to follow, but I think all of this is too late now.
Closing is normally the final part of the process.
I think you always want to be fair, even if mistakes are made, but in most cases I think I would just tell my realtor....we are closed..... any differences, changes, overages, shortages, whatever should have been resolved BEFORE closing. Otherwise how would the seller feel if you then said, we'll whatever it is that you understand, if that is the way it is to be, we don't want the house, and want to terminate the contract and get all our money back?
Just remember you may need something from them in the future. Not sure what, but you might need to prorate taxes, or get a manual, or a drawing, or an address, or something. Not often, but it does come up. So if it is something minor that can be they left their favorite guitar case in the attic, I'd let them have it.....
Review with your realtor to see what the appropriate course of action to take is.
0 votes
Nazario Truj…, Agent, Houston, TX
Sun Dec 9, 2012
Did you signed the closing documents before a notary or a title office?..

Has your lender (if you are getting a loan) already funded the loan? (given the money to the Seller)...

Nazario Trujillo
CDPE, REO//BPO Certified
TAHS, SFR, R. E. Consulatnt/Realtor
SIS Group, LLC
Cell: 832-892-8730
Fax: 281-907-0199
0 votes
we did the closing at a title office it was notarized the deed has already been submitted to the county registry there was no lender we paid cash did a transfer to the title office who in turn disbursed it to th seller and his lender {( for the reminder of his mortgage)
Flag Sun Dec 9, 2012
Carla Henry, Agent, Spring, TX
Sun Dec 9, 2012
This is a legal question. You will need to consult an attorney.
0 votes
Mack McCoy, Agent, Seattle, WA
Sun Dec 9, 2012
The sale closed? You're now the owners? They signed the closing papers?

Are they correct?
0 votes
Once the contract is signed it's a legal binding contract. Any changes need to be made in writing. Otherwise they can claim any sales price!
Since you've already closed, I wouldn't worry about it.
Flag Sun Dec 9, 2012
yes the sale is closed closing was last friday it was a long negotiation process and at some point the price they are claiming now was talked about as 4 others none of them the one they signed the contract on
Flag Sun Dec 9, 2012
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