Hi everyone,

I have a fairly unusual situation.

I made a full price offer on a house, but it turns out that the seller
decided not to sell. Apparently, the realtors gave the seller two options:
sell the house & pay them the commision or back out and pay them the
commision ($26k). The seller reluctantly decised to sell and signed the
P&S.

Now that we have a signed P&S, the inspections are over (went ok) we're just
waiting to close.

At this point, is there anything the seller can do to get out of the deal?
What can I do to protect myself? I plan on getting a lawyer to look this
over, but would like to educate myself as much as possible.

Thanks for any input.

On Thu, 4 Nov 2004 10:29:08 -0500, someone wrote:

At this point, is there anything the seller can do to get out of the deal?
What can I do to protect myself? I plan on getting a lawyer to look this
over, but would like to educate myself as much as possible.

You should have got the lawyer BEFORE you signed the contract.

The Seller could refuse to ever exeute a deed. Then you all sue him.
Have fun.

-v.

In article , John
wrote:

At this point, is there anything the seller can do to get out of the deal?
What can I do to protect myself? I plan on getting a lawyer to look this
over, but would like to educate myself as much as possible.

The seller can always refused to sign the documents at closing.
There is nothing you can do to stop them from doing that. You
can, however, sue them for "non performance", and either force
the sale, or recover damages and compensation. Having a real
estate attorney handy is a big help. I would, however, do a
pre-closing walk-through to ensure that the seller has really
moved out, that they have not damaged the place, and that they
haven't left any nasty surprises (like filling the place with
used tires, something that is very expensive to dispose of).

-john-

--
================================================== ==================
John A. Weeks III 952-432-2708
Newave Communications http://www.johnweeks.com
================================================== ==================

John wrote:
Hi everyone,

I have a fairly unusual situation.

I made a full price offer on a house, but it turns out that the seller
decided not to sell. Apparently, the realtors gave the seller two
options: sell the house & pay them the commision or back out and pay
them the commision ($26k). The seller reluctantly decised to sell
and signed the P&S.

Now that we have a signed P&S, the inspections are over (went ok)
we're just waiting to close.

At this point, is there anything the seller can do to get out of the
deal? What can I do to protect myself? I plan on getting a lawyer to
look this over, but would like to educate myself as much as possible.

Thanks for any input.

Sounds like the realtor pulled a fast one on the seller. A sales listing is
just an offer to solicit offers, not a contract to sell the property at a
given price. However, since you now have a signed purchase contract, you
too can force the seller to perform.

On Sat, 06 Nov 2004 21:55:38 GMT, "Travis Jordan"
wrote:

John wrote:
Hi everyone,

I have a fairly unusual situation.

I made a full price offer on a house, but it turns out that the seller
decided not to sell. Apparently, the realtors gave the seller two
options: sell the house & pay them the commision or back out and pay
them the commision ($26k). The seller reluctantly decised to sell
and signed the P&S.

Now that we have a signed P&S, the inspections are over (went ok)
we're just waiting to close.

At this point, is there anything the seller can do to get out of the
deal? What can I do to protect myself? I plan on getting a lawyer to
look this over, but would like to educate myself as much as possible.

Thanks for any input.

Sounds like the realtor pulled a fast one on the seller. A sales listing is
just an offer to solicit offers, not a contract to sell the property at a
given price. However, since you now have a signed purchase contract, you
too can force the seller to perform.

How so? The sales listing is a contract between the seller and the
agent, even if to a buyer it is only an invitation to make offers. The
agent has fulfilled the contract and earned his commission when he has
procured a ready, willing, and able buyer who makes an offer that
meets the terms of the listing. If the seller refuses the offer or
reneges on the sale, the commission is still due.

--
Chris Green

In article , "Travis Jordan" wrote:

Sounds like the realtor pulled a fast one on the seller. A sales listing is
just an offer to solicit offers, not a contract to sell the property at a
given price.

Sounds like you've never sold a house through a realtor, or, if you did, you
didn't read the listing contract very carefully. The listing contracts I've
seen stated clearly that the commission is due if the realtor presents a
full-price offer, _whether_or_not_ the seller accepts it.