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Started By
Message
re: Need the OT board's help - seller backing out of selling a house
Posted on 3/29/25 at 11:24 am to Stidham8
Posted on 3/29/25 at 11:24 am to Stidham8
This happened to my sister in law. They just got back their earnest money and reimbursed for the inspection. They ended up finding another house that they like more. I know it sucks but get your money back and move on.
3
Posted on 3/29/25 at 11:25 am to FightinTigersDammit
quote:
Verbal contracts can be enforced under certain circumstances/jurisdictions. Maybe check into that.
My father has a long time friend that is a real estate lawyer. We plan on contacting him today.
Posted on 3/29/25 at 11:25 am to Landmass
quote:
This happened to my sister in law. They just got back their earnest money and reimbursed for the inspection. They ended up finding another house that they like more. I know it sucks but get your money back and move on.
This is what I expect will happen.
Posted on 3/29/25 at 11:26 am to SG_Geaux
quote:
No signature no contract
Fully expect this. But I was wondering if the fact that we paid earnest money, had the house inspected, verbally agreed, and had a photo of an "under contract" sign in the yard would change anything.
This post was edited on 3/29/25 at 11:27 am
Posted on 3/29/25 at 11:26 am to SG_Geaux
quote:
No signature no contract
Not true. Verbal or other communication can be binding.
Including letting the buyer initiate the contract terms
Posted on 3/29/25 at 11:31 am to SDVTiger
From the sounds of things I doubt he has one.
Posted on 3/29/25 at 11:31 am to ChatGPT of LA
quote:but that does not make the written contract enforceable
Verbal or other communication can be binding.
This post was edited on 3/29/25 at 11:33 am
Posted on 3/29/25 at 11:35 am to 214
any third party witnesses that can verify a purchase amount and closing date was agreed? verbal contracts regarding real estate or land are very difficult to enforce for obvious reason (all sorts of things could be alleged). thus, why contracts in writing, submitted to third party title company, etc.
This post was edited on 3/29/25 at 11:37 am
Posted on 3/29/25 at 11:36 am to Stidham8
A sign in the yard doesn’t mean anything, stop using that as leverage
Posted on 3/29/25 at 11:37 am to FightinTigersDammit
quote:
Verbal contracts can be enforced under certain circumstances/jurisdictions. Maybe check into that.
Very rarely for immovable property
Posted on 3/29/25 at 11:38 am to Indefatigable
I have heard of it, specifically regarding a house, so...
Posted on 3/29/25 at 11:45 am to Stidham8
quote:
we don't have their signatures on anything
Did the relocation sign it and have the appropriate authority from owners to do so? If not, I’m afraid you are going to find you don’t have a contract.
Posted on 3/29/25 at 11:46 am to Landmass
Only my opinion, but if they are not selling to you because they got a better offer, I think you absolutely can enforce the contract.
If they are not selling it to you or anybody, taking it off of the market because they do not want to move or sell, you are probably out of luck.
If they are not selling it to you or anybody, taking it off of the market because they do not want to move or sell, you are probably out of luck.
Posted on 3/29/25 at 11:49 am to Stidham8
quote:
Stidham8
I would delicately say that you are out of your depth in dealing with the situation. And judging from your questions and the responses in this thread I would surmise the OT and its opinions on realtors is not the best place to garner experience. I would highly recommend you engage a knowledgeable realtor to aid you in your search. If you have a realtor they are the wrong one. The good ones are quite worth it when you lack the knowledge to deal with it yourself. Any reputable realtor would not have allowed this situation to develop. Move on and don't waste more resources on an attorney. Not trying to be harsh, only truthful. Feel free to disregard.
Posted on 3/29/25 at 11:50 am to Stidham8
How did you pay the earnest money? Hopefully a check with the memo stating what it was for….
Hopefully they deposited it as well. Not a lawyer but I would think that could help with the question if the verbal contract could be binding. Regardless, if you pursue the house by suing for specific performance, it’s going to take a while via the court system
Hopefully they deposited it as well. Not a lawyer but I would think that could help with the question if the verbal contract could be binding. Regardless, if you pursue the house by suing for specific performance, it’s going to take a while via the court system
Posted on 3/29/25 at 11:55 am to tigers33
quote:The earnest money may satisfy the consideration element to create a valid contract, but another poster mentioned verbal contracts are rarely enforced for immovable property.
I would think that could help with the question if the verbal contract could be binding.
And as another poster mentioned, the time and resources required to litigate this matter would hardly be worth it in my view.
This post was edited on 3/29/25 at 11:57 am
Posted on 3/29/25 at 12:02 pm to J Murdah
quote:
A sign in the yard doesn’t mean anything, stop using that as leverage
If a verbal contract is enforceable in their location it would seem to imply intent and an established agreement, as would accepting the deposit.
Posted on 3/29/25 at 12:03 pm to ChatGPT of LA
quote:
Verbal or other communication can be binding.
Not for real estate.
Posted on 3/29/25 at 12:07 pm to Stidham8
quote:
and had a photo of an "under contract" sign in the yard
You keep referring to this photo, and I would think this carried the least amount of weight out of everything else.
I certainly hope the best for you but I don’t think having a picture of the sign will be the linchpin you think it will be.
Posted on 3/29/25 at 12:13 pm to Stidham8
I am no attorney, but I don’t think anything is binding until you close. That said, you may be entitled to reimbursement for any cost you incurred because of them backing out (I.e. inspection costs, etc.)
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