I went to contract less than a week ago. The day after going to contract, I learned I need major surgery and then follow up treatments.

Asked by veruca, Jupiter, FL Wed Apr 10, 2013

I've been keeping my agent in the loop, but don't think the buyer's agent has been communicating with him and is pushing me to close during my recovery and rent from buyer. I am not comfortable with this. I have offered to pay back deposit and inspection fee. Do I have any recourse?

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Bob Brubaker, Agent, Lake Worth, FL
Thu Apr 11, 2013
V- I agree with the others - you need an attorney! County Bar Association
would be a good source or your friends. If you are not
comfortable with selling-Get help . No Shame! If your Agent
wants to help -good. If not - so be it!
You don't make it clear wether it's the time-frame or the whole
idea of selling that you want to change. That you need to sort-out.
All best done with an attorney on your team.! A skilled Real Estate
Attorney can solve a lot of problems!

Bob Brubaker Highlight Realty Palm Beach County Fl. 561-876-6649
Web Reference:  http://www.pbc-realcam.com
0 votes
And thank you to everyone for their input! It's been very helpful!
Flag Thu Apr 11, 2013
I do not want to back out on the deal. I just want to extend the closing. Unfortunately, I am getting the impression that the buyer's agent is being greedy and speaking for her client without actually speaking to him. It was suggested that I go through with the close and move in with my parents. She now has proposed that I close and lease month to month at 2.5 times the amount I now pay for my mortgage and HOA fees. Needless to say, I have obtained a very good attorney who is floored that someone is putting their commission (and a tiny one at that) over someone's recovery from chemo and radiation treatment.
Flag Thu Apr 11, 2013
Mark Doring, Agent, Coconut Creek, FL
Wed Apr 10, 2013
Seek the advice of an attorney. You may have had opportunities to get out of the contract. I'm not here to make accusations or raise unnecessary suspicions, but the possibility could exist. So at this point you have to make sure that you have all of your bases covered and that your interests have been looked after 100%.

If your agent has been doing his job and the buyer is willing to move forward with the contract as-is and has not made any demands in terms of results of inspections or appraisal. Then you may have to close the sale and do a lease-back.

Again, you have to check with an attorney to make sure your agent did his job with your best interests in mind and that there were not any opportunities for outs that could have been exercised. Very possibly, it could be as simple as the buyer has a contract and could be simply looking for specific performance of such.

Good luck with whatever happens
0 votes
Thank you for your feedback. I don't doubt my agent is doing all she can. I doubt the buyer's agent is giving the information to her client. Her last comment was that he had passed on another home to pick mine and the SHE didn't want him to miss another opportunity.

The closing isn't for another month, we've been told he is in no rush to get into the house. He is an investor, paying cash.
Flag Thu Apr 11, 2013
Nadine Mauro, Agent, Lake Worth, FL
Wed Apr 10, 2013

This is when you definitely need the advice of a good real estate attorney.

Ask your Realtor for a referral if you don't already know a real estate attorney.

Best wishes on a speedy recovery.
0 votes
Lisa Jones, Home Buyer, Umatilla, FL
Wed Apr 10, 2013
If the closing is so far out that you will not be moved and settled before having your surgery, you should try to get an extension of closing. If the buyer is getting a loan, it may depend on where they are in the process as to whether they can extend and how long
Obviously, if you need emergency surgery that cannot wait until after your sale and relocation, you may want to consider the rent back option. Otherwise, you may need to speak to a real estate attorney to find out what recourse the Buyer would have if you did not move forward with the transaction.

It seems to me that you should be able to work this out.
Best of luck to you.
0 votes
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