Any realtors on board?

Dead Money

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Sep 15, 2005
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Upstairs watching sports on the big TV.
We are selling my father-in-laws house, he passed in July.

We listed at 99,500, hired a painter, and an electrician to update the house.

In the mean time, a realtor we had spoken to, new of a buyer possibility and offered to sell for 3% (unlisted).

We got an AS IS offer of 97,000.
We agreed, he put $1000. in escrow we signed contract.

He asked that we stopped painting, as he would take care of it.
The electrical was completed.

Skip ahead..everything is ok till he pays for inspection 2 and a half weeks later.

They find plumbing issue, which we resolved at our expense.

4 days before close, he cancels deal claims inspection as reason.

We are asked to sign release of contract and his $1000.

We can not get a legitimate reason for his cancellation, (he bought it "as is")
We are out abstract update fees as they are time sensitive,
and have lost 3 weeks of potential listing.

My question is this...how can I fu*k with this jerkweed....

I am thinking his $1000, can rot in escrow.....any thoughts?
 

The Joker

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"contingent upon obtaining financing" should be in the contact you and the jerkweed signed.

If it ain't you're screwed - if it is - you're good to go.




BTW - I am not a Realtor, but I do know that about earnest monies.
 

dawgball

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If you are not protected, it is completely your realtors fault.

They add very little value these days as far as finding houses for people due to technology.

If they aren't providing value in the legal area, then there is ABSOLUTELY no need for them if you are able to show the house yourself.
 

skulldog

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Dawgball

Don't be quick to blame the realtor! 24 + years of experience so I bring value to all my clients. Good and bad in every business.:shrug:

Even if the realtor was working for you, if the escrows laws are like we have in MA, the realtors hands are tied no matter what the contract states. The laws are state specific.

In Ma, the realtor cannot by law release any escrow deposit, unless a signed release by both parties or by court order no matter who violates the contract.

You don't have to sign a release and force the buyer to start legal action to get their deposit back, if you to piss them off. Some contracts have a arbitration clause which states should there be a dispute, then an arbitrator will resolve the issue.

Only 1K at risk, not enough to bring action on your end, I would opt for pissing the buyer off.
Maybe they'll agree to 1/2.

BTW, who was the agent representing? Did they show either proof of funds or a pre approval letter?
 
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