Hi there,

We have found the house of our dreams. The couple selling is divorced. She wants to be rid of the place, and he doesn't, but they agreed to list it - we put in an unconditional offer. There have been no other offers on the place.

After a few weeks, and after the offer has technically expired, we have heard nothing. We are led to believe that he would like to buy her out. We have an offer in. He doesn't, yet he can see what our offer is. This seems very unfair in that he knows our offer, and can easily better it by $1.

Any advice? Do we have any rights here?

BTW - we're in Ontario, Canada.

Thanks,
Peter and Melissa

Unless Canadian law is much different than US real estate Laws... not much you can do.

Sellers have no requirement to respond to any offers made... even non-conditional ones, even ones above the list price.

The Divorce situation you describe is not at all unusual... it occurs on a very frequent basis... and even worst... I have seen one of the parties refuse to go to the closing on more than a few occasions.

Often the Buyer just walks away.. but once a contract to sale is signed, the Buyer does have a better chance of getting something done, with out a contract you are no where.

Get your agents talking and see if they can work something out. The listing agent probably has nothing to loose if one party buys out the other... most listing agreements require he still be paid. Of course he may worry that one of the parties will refuse to sign at any time.

One factor you may want to see if you can find out is... what did the divorce decree say about disposition of the property. If one party wants to sale and the other refuses, then a good review of the decree is in order by that party. If is says the party that wants to sale has the authority then it may be possible but still probablamatic... you will probably have to file a Les Pendens to Quite Title which can be costly.

In Short... check out what you can but be ready to move on... it often isn't worth the problems trying to get divorced people to work together for anything... including their kids.

Thanks so much for your thorough reply.
The ex-wife has apparently signed our offer, and it is now in the hands of the ex-husband and his lawyer.
I feel we have done all we can...why fight against the co-owner if he wants to keep the place, right? That would seem to me to be asking for trouble.

I just hope we don't have to wait much longer. We're not moving otherwise, and half of our belongings are temporarily in storage. We're in limbo here and just need closure.

The listing agent is also representing us. She's worried the guy's not going to pay her.

Regards,
Melissa

If the offer expired, there is no contract at stake.

I suggest that you move on and find another place that satisfies your requirements.


[This message has been edited by mfortner (edited 07-01-2004).]

Hi Peter & Melissa,

I have to agree with the above post - if your agreement has gone past the expiry time, it is null and void. Even if the wife signed it, the husband did not in time to keep the offer alive and it is over. I know it's frustrating and very upsetting. But I'd suggest you keep looking.

Sometimes things are not meant to be. I'll bet you'll find something even better once you get out looking again. You'll see!

A couple that I worked with recently were first-time buyers and went through some troubles, the first house they put an offer in on was a multiple offer situation and they lost, the second one turned out to have have mould in the attic and the home inspector said it was a bad idea, so they moved on and finally have found the home of their dreams. As the wife said to her husband each time, "Honey, some things just aren't meant to be and this is one of them".

Best of luck to you, I know your perfect new home is just around the corner.



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Natalie Jeffrey
Sales Representative
e-agent
Royal Le Page Connect
http://www.nataliesells.com