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Specific Performance

Posted by Lughead on October 03, 2003 at 9:33 PM

hello

we were in a contract to sell a home -

there were delays due to getting the tenant out of the property

during this time the real estate agent told us that the buyer was tired of waiting and was looking elsewhere ... so we (seller) signed cancellation instructions with escrow

we waited for the buyer to sign but the signature did not come - we called the realtor who told us that the buyer had already signed TWICE and mailed it in

we have already begun to rehab the house in anticipation of selling the place to someone else

today the realtor called and says buyer has contacted an attorney and that the contract is valid...and she wants the place

we are ok to continue the sale BUT feel we should not eat the additional rehab costs as the place was sold at a lower price "as-is"

the realtor of course feels she has no responsibility for the mess

true we did not have the signed cancellation - bad choice on our part - but the broker did tell us that she signed twice (which the buyer tells us she never signed even once)

any suggestions on how to proceed? - we did ask the buyer if she would like us to continue the fix-up and she could have these done at our cost ... no answer on this yet

thank you
Lughead


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