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Joshua Putnam
 
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Default Seller wants to cancel after agreement expires, buyer does not

In article . com,
says...
We signed an agreement to sell our house in June without a realtor's
involvement, and now we think we sold it for too little. It's now
almost a month after our second scheduled closing date (after signing a
written agreement to extend it once).


Clarification: does this mean you currently do *not* have a written
extension agreement with the buyer?

We have called the escrow company
a couple of times since then to cancel the sale,


Another clarification: does this mean you called to ask about
cancelling the sale, or did you in fact instruct them to cancel the
sale? Was any of that in writing?

The buyer just called me an hour ago to say that the loan has funded
and the sale has been recorded, and he wants the keys.


If you have no current contract with the buyer, and you've instructed
escrow to cancel the transaction, on whose authority was the sale
recorded? Something doesn't add up.

If in fact the loan has been funded and the sale has been recorded,
then either they've completed their end of a valid contract, and you
need to get out of the house per the terms of your agreement, or
they've recorded the sale without a valid contract.

Of course, this
is the same guy who has been promising the moon for the last several
months. I have heard nothing from the escrow company.

What is our best option to cancel the sale and list the house if what
the buyer says is true?


Have your lawyer go over whatever paperwork you do have and see if
there was a valid contract in place or not.

--
is Joshua Putnam
http://www.phred.org/~josh/
Braze your own bicycle frames. See
http://www.phred.org/~josh/build/build.html