on the settlement date-settlement date was never reached, the buyers voided the contract saying i violated

Asked by , 21133 Tue Jun 17, 2008

I was selling my home in maryland and the contract fell through prior to settlement , the buyers decided to void the contract because we could not reach and agreement on a settlement extension that i asked for for 5-7 days because i let someone stay in my home for one month prior to the signing of the contract.-but now my real estate agent wants to sue me for her commissions and i believe the brokers want to also-is that possible because i never stated i would not honor the contract and the actual contract was vvoided by the buyer prior to settlement, now i am getting all kinds of law suit threats..can they sue me

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Kelly Willey, , Harford County, MD
Tue Jun 17, 2008
Please hire an attorney experienced in real estate matters immediately and let him or her advise you on these potentially serious issues. Seeking advise from non-legal professionals when legal action is being threatened is not in your best interest. Your contract of sale is a legal document and both you and the buyers have legal obligations to perform certain functions in certain time frames. Please seek competent legal advise before you speak to anyone else. And, I pray it turns out well for you.
1 vote
Jesus (jesse)…, , Nashville, TN
Thu Jun 26, 2008
Because of the threat of legal action, as a Realtor, I suggest you speak with a Real Estate Attorney immediately! At this point, no Realtor should be advising you of anything other than speak with an Attorney, we are not legal professionals and therefore, we (Realtors) don't need to be handing out legal opinions.
0 votes
Amanda Lopez, Agent, Lutherville, MD
Tue Jun 17, 2008
Did you have people move into your home after the contract was signed? I know there is a provision in the contract of sale stating that no lease agreements can be entered into prior to settlement unless agreed upon in writing by both parties.
There seems to be some information missing from your question though. You should definitely talk to a lawyer and if the agent did bring you a ready willing and able buyer, one could argue that they did their job.
Tricky situation... but without all the details no one can really give you any advice but there is also a provision about mediation that you could look into in your contract.
But to answer your question, 'can they sue me?' as BJ said, anyone can sue anyone..
0 votes
Michael Klij…, Agent, Nottingham, MD
Tue Jun 17, 2008
If I were you I would start looking for a real estate attorney. Real estate agents are not attorneys and cannot give out legal advice (unless of course they are also an attorney). That being said, you do not necessarily have to actually sell your home in order to owe commissions. I would start by looking back at the listing agreement that you signed with your agent as far as his/her commission goes and read the part about when they are entitled to receive a commission. As for the contract, you really are going to need to get some legal advice from an attorney...
Web Reference:  http://www.isellmdhomes.com
0 votes
real estate…, , Montgomery County, MD
Tue Jun 17, 2008
Anybody can sue anyone for anything... i guess a better question is do they have a case against you... It sounds ridiculous that your own Agent wants to sue you. A sale did not occur. Agents get paid from sold homes, NOT time spent working for you. We dont know the full story so it's hard to give a thorough opinion. good luck
0 votes
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