I see, thanks Jason!

Okay - Clarification - In regards to offers & counter offers & addendums, they should NEVER be signed by the seller if issued from the Buyer without their signature . That's just asking for trouble.

Yes, the seller will sign documents without the buyers signatures but those documents are ones that are coming from the seller to the buyer. However, any documents coming from the buyer to the seller needs to have the buyers signatures first - otherwise, the buyer could make changes, etc. after the fact once they have the seller's signature.

Hope that clarifies - why would you agree to terms on a counter without the party issuing the counter signature??

Katricia

Couldn't they change it still even if it does have their signature?

Shane--no

Goldmill,

I'm so sorry your agent did not do his job correctly!! He really was inept at counseling you and providing you all your options.

Well, you can keep your fingers crossed that maybe they won't sign and will back out. I'm glad you were able to change the terms with your agent. Technically from a seller's perspective, the seller does not have to agree to do any repair requests from the buyers. The buyers have every right to investigate the property, but the seller does not have to fix every little detail from the buyer. In this crazy California market, the contract is written that the buyers are purchasing the property in it's current condition. If they discover something that they don't like, they can either request the seller to fix or they can back out. If the seller doesn't want to fix, then they have to decide their options- back out or purchase. I hope your agent advised you about your rights!!

No, you don't need a lawyer to be present at the Realtor's office, however, you can request for their broker to be present at any and all meetings.

It's a shame that your agent didn't explain the full details of the listing agreement. Your right, you can cancel the listing agreement, but that needed to be done before any offers were accepted or considered. Once an offer has been signed by you, it's too late to cancel the listing agreement.

Just a note - your not dumb - your agent is for not explaining the details and walking you through the entire process. That's their one and only job and they have failed you!! They should have told you about selling as-is, making an contingent counter offer and getting a termite inspection before accepting offers. Your agent didn't listen to your needs and advise you accordingly.

P.S. Unless you signed a Buyer's Agreement, you do not have to use your current agent to find your replacement home. You can interview and find a better agent that will listen to your needs!!!

Katricia

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If no one signed first.... don't think many agreements would be reached...

It was a silly statement...

"One, two, three, SIGN!"

I always advise my sellers to not accept any offer that is not fully signed and initialed in all places by the buyer. The buyer is making an offer to the seller with certain terms. If the seller agrees to all terms the buyer wants and signs and initials where required it becomes a contract after I execute the contract by dating it.

Many buyer agents always leave out a few of their buyer's initials and/or signitures soas their client has the "last" say in making it a legally binding contact. If the offer is not complete with the required initials and signitures, it is not a complete offer from the buyer.

I don't play those games.

I'd rather get deals done than know I won a game. When there's money to be made my ego gets left at the door.

So a buyer didn't sign or initial something on purpose or accident? Who the heck cares. Find a way to move it along without compromising your client's position. You can always add an expiration clause if you don't want to leave the other party holding the ball.

I suggest you re-evaluate your motives.

Goldmill,

I don't know if you still need any assistance with your problem, but there are attorneys that offer pro bono (free) services to people who may be on limited/fixed incomes.

I don't know where you live, but a google search of California attorneys turned up this link for the central region:

http://www.centralcallegal.org/wedo.html

If they do not service your area, they could probably direct you to a firm local to you that could help. Even if everyone has conducted themselves in a legal manner, it sounds like you need someone to look over all of the paperwork to make sure you are not being railroaded.

Good luck!