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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Enforcing a cancellation agreement... Posted by Ward-CA- on December 07, 2003 at 8:47 AM In Reply to: cancel escrow posted by Aunt D on December 06, 2003 at 2:54 PM : 2 weeks ago the perspective buyer to our home made a last minute outrageous demand. He gave us 3 options,this was signed by the buyer and the broker. We took his option of cancelation of the sale and to return his deposit. Now he says oops, never mind I did not mean it. We signed the cancellation papers with the escrow company, but he refuses to sign them and said he will sue us to get our home. What rights do we have to keep our home and not sell. The listing agreement expired yesterday. ======================= Aunt D, I think you’re saying you had entered into contract with a Buyer to sell your property. And thereafter, once the contract was formed, the Buyer proposed to change the terms of the purchase contract or cancel the sale. When you accepted his offer to cancel did you communicate your acceptance to the Buyer or his broker...before he told you he didn’t mean it? Because if you had accepted his offer to cancel and let the other side know of your acceptance prior to their withdrawal of their offer to cancel you’ve got an enforceable cancellation. Hope this helps. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : 2 weeks ago the perspective buyer to our home made a last minute outrageous demand. He gave us 3 options,this was signed by the buyer and the broker. We took his option of cancelation of the sale and to return his deposit. Now he says oops, never mind I did not mean it. We signed the cancellation papers with the escrow company, but he refuses to sign them and said he will sue us to get our home. What rights do we have to keep our home and not sell. The listing agreement expired yesterday. : ======================= : Aunt D, : I think you’re saying you had entered into contract with a Buyer to sell your property. And thereafter, once the contract was formed, the Buyer proposed to change the terms of the purchase contract or cancel the sale. : When you accepted his offer to cancel did you communicate your acceptance to the Buyer or his broker...before he told you he didn’t mean it? Because if you had accepted his offer to cancel and let the other side know of your acceptance prior to their withdrawal of their offer to cancel you’ve got an enforceable cancellation. : 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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