Agents Online Real Estate Forums, Discussion, Realtors Marketing Tips


Click Here to display our logo on your site and link to us!
AgentsOnline Real Estate Discussion Forums Logo

Topic Options
Rate This Topic
#26750 - 06/08/04 07:55 AM Want to back out of selling house - can we????
Anonymous
Unregistered


Please advise,

My boyfriend put his house up for sale, after only one open house (which the agent wasn't there) and less than two weeks on the market he got an offer and accpeted it. After two weeks and his two boys being under emotional duress and throwing tantrums about moving and not wishing to go to school if we move he informed the Agent he wishes to cancel escrow (which wouldn't close for another week) and that he wants to take the house off the market and stay for their emotional well being.

The Agent said he has to get out and can't cancel the sale and if he tried the Agent would sue him.

The buyer has two weeks to back out why can't the seller back out for unforseen reasons???

Can the Agent really sue for not really doing anything (one open house which he wasn't even in attendance for)as the sale won't go through?

Can the seller legally back out if escrow has NOT closed??

Please help us with this matter

Top
#26751 - 06/08/04 04:33 PM Re: Want to back out of selling house - can we????
Jim Erickson Moderator Offline
Member

Registered: 03/31/04
Posts: 446
Loc: Twin Cities, MN
If he has signed a contract for sale of his home, he would be breaching that contract by not closing the sale. The buyers could take legal action.

I am not an attorney and am not providing legal advice.

Top
#26752 - 06/09/04 11:14 AM Re: Want to back out of selling house - can we????
Anonymous
Unregistered


I think you better seek the advice of an attorney. You run the risk of being sued by both the buyer and the agent.
I am not an attorney and am not providing legal advice.

Top
#26753 - 06/09/04 12:34 PM Re: Want to back out of selling house - can we????
Anonymous
Unregistered


 Quote:
Originally posted by georgejackson:
I think you better seek the advice of an attorney. You run the risk of being sued by both the buyer and the agent.
I am not an attorney and am not providing legal advice.


We might have an out. Per our signed contract the buyer has until 12:00 tonight to remove all her contingencies and it looks like she won't make the dedline as her bank has requested a second appraisal. Wish us luck as that is an out in our contract...

Top
#128036 - 03/12/07 09:31 PM Re: Want to back out of selling house - can we???? [Re: Anonymous]
Coastal NC Agent Offline
Member

Registered: 02/07/07
Posts: 161
Loc: NC
Keep in mind that the agent has put in "some" amount of time and effort into just the paperwork alone. Not to mention possible advertising expense on your behalf. The effort put into getting a home listed is greatly under estimated.
_________________________
Check out Wilmington Real Estate and news about Wilmington Homes for Sale

Top
#128077 - 03/13/07 12:39 AM Re: Want to back out of selling house - can we???? [Re: Anonymous]
Paul Oaks Offline
Major Contributor

Registered: 06/23/04
Posts: 3367
Loc: Central Illinois
Be prepared to pay the agreed upon commission based on your accepted offer. Your agent may very likely sue you should you fail to pay.

BTW do you really think your kids are the only kids to become upset about moving. Perhaps you should spend more time including them in the process and get them excited and show them the new area you plan to move to!
_________________________
Paul Oaks
Oaks Real Estate Group

Top
#128086 - 03/13/07 01:10 AM Re: Want to back out of selling house - can we???? [Re: Paul Oaks]
Yak Offline
Member

Registered: 11/08/06
Posts: 52
Loc: US
What makes you think the buyer has two weeks to back out??? Your boyfriend and the buyer have entered into a legaly binding contract. I believe any party that breaches the contract could face leagal action from the other party. It's easy for you to say your agent has done nothing, but in all reality he must have done something to get you an accepted offer on your home in less than two weeks. Sounds to me like your agent has provided his services accordingly, and is owed every penny of the commission he earned. Just my opinion....

Top
#128093 - 03/13/07 01:30 AM Re: Want to back out of selling house - can we???? [Re: Paul Oaks]
Artiste Offline
Veteran Member

Registered: 06/12/06
Posts: 906
Loc: Sacramento, CA
My advice is the easy way out: Buy another house in the neighborhood cuz your boyfriend just sold his.

Top
#128101 - 03/13/07 02:34 AM Re: Want to back out of selling house - can we???? [Re: Artiste]
Agent 007 Offline
Major Contributor

Registered: 02/05/05
Posts: 2371
Loc: Las Vegas
You guys realize that this thread was created almost 3 years ago, right? LMAO!
_________________________
Len McGuirk
Short Sale Specialist
Prudential Americana Group
Direct: (702) 203-6688
Las Vegas Real Estate

Top
#128138 - 03/13/07 10:09 AM Re: Want to back out of selling house - can we???? [Re: Agent 007]
Yak Offline
Member

Registered: 11/08/06
Posts: 52
Loc: US
Guess I should learn how to read...UGH

Top
#128371 - 03/14/07 07:13 AM Re: Want to back out of selling house - can we???? [Re: Yak]
straight talk Offline
Member

Registered: 03/07/07
Posts: 11
Update: The kids are doing fine. We realized they were just being brats. After a visit from The Nanny a few years ago, we are back in charge. Little Suzy just got her learners permit....

I have never seen a thread this old brought back from the dead. Thanks for the morning laugh. I do dumb stuff all the time so please have a sense of humor as we laugh together.


Edited by straight talk (03/14/07 07:14 AM)

Top


Moderator:  Jim Erickson, Jim Lee 
Newest Members
Real Estate Flor, jerryt, orco, zinna, mhs inc
12759 Registered Users
Who's Online
16 registered (alice, broker, bstout, Chi-town, ditty, FL_Agent), 24 Guests and 7 Spiders online.
Key: Admin, Global Mod, Mod
Search

Shout Box

Good Ideas
Nusetlock.com




Realtor Websites




Sponsors

Top Posters (30 Days)
Mr. Foreclosure 167
Pinehurst RE Guy 144
super realtor 135
Perky_REALTOR 127
shana 115
TB in TX 115
REODayton 105
CanDo 102
Vermont 101
allREOpreserv 80
ColoBroker 79
northtxbroker 71
Agent 007 60
estatereal 60
LaceyF 49
Featured Member
Registered: 12/05/06
Posts: 460

Real Estate Careers, Get Certified. Improve your BPO business., Chicago Real Estate, How To Advertise Here


This site presented by RNC Internet Services