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Let the seller take chare of the cancellation...

Posted by Ward-CA- on November 24, 2003 at 12:29 AM

In Reply to: seller in escrow wants to cancell 1st offer and take mine posted by Lilly on November 23, 2003 at 9:01 PM

: I approached a home owner with an EPA during his default but he is currently listed with an agent and is now in escrow. The seller wants out of the 1st offer. Can he get out of that and sell to me instead?

: I believe his current deal is null and void because 1) The Sellers agreement is partially filled out such as buyers name and signatures are absent and 2) it is completely in English and the sellers speak only Spanish. What can we do, should we do anything?

==========================

Lilly,

You might be right about the unenforceability of the EPA, etc. But it's the seller's call to make. Tell them to give the cancellation notice to the buyer and escrow.

I wouldn't get in the middle of the ensuing spat that's bound to occur between the parties in escrow. You don't want to have to answer a complaint of interference with contractual rights.




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