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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Oral notice not worth much... Posted by Ward-CA- on October 06, 2003 at 9:21 AM In Reply to: 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 ================== Lug, You know that you can't hang your hat on any oral, real estate agreement. So the agent's oral notice to you that the buyer had backed out of the deal would probably have to be in writing in order to rely on it. I think the agent's claim that the buyers have recanted their cancellation of the purchase contract and have contacted an attorney, is bunch of hooey. Seems to me they would have had some dialogue with you first before calling an attorney. At this point I'd let the buyers know about the extra, unintended work that was done and that you weren't going to do anything else, since the property was sold "as is". Hope this helps. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : 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 : ================== : Lug, : You know that you can't hang your hat on any oral, real estate agreement. So the agent's oral notice to you that the buyer had backed out of the deal would probably have to be in writing in order to rely on it. : I think the agent's claim that the buyers have recanted their cancellation of the purchase contract and have contacted an attorney, is bunch of hooey. Seems to me they would have had some dialogue with you first before calling an attorney. : At this point I'd let the buyers know about the extra, unintended work that was done and that you weren't going to do anything else, since the property was sold "as is". : Hope this helps. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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