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re: Need the OT board's help - seller backing out of selling a house
Posted on 3/29/25 at 7:45 pm to Stidham8
Posted on 3/29/25 at 7:45 pm to Stidham8
quote:
They both got caught with their pants down.
Should we get pics of either or both to determine if this is worth pursuing beyond the 80th post?
This post was edited on 3/29/25 at 7:59 pm
0
Posted on 3/29/25 at 7:47 pm to Stidham8
quote:
The "Under Contract" sign was in their front yard the day we signed our contract. We have a photo of it. We paid the earnest money the next day. They are saying it was a "verbal agreement" only. We had an inspector already see their house and had a floor person come to survey for installing hardwood floors.
It sucks that this happened to yall...but unfortunately this is all irrelevant. If they didnt sign the contract, you cant enforce anything. Youll obviously get your earnest money back
Posted on 3/29/25 at 7:51 pm to Stidham8
quote:No, your realtor assumed it was signed. Until you have both parties signed, all you have is an offer you think they are going to take.
Our realtor assumed it was a done deal because we were "verbally" under contract and she knows the listing realtor because they work in the same office. They both got caught with their pants down.
Because both agents are in the same office they assumed they’d be able to get it done.
A question to ask your agent, assuming you keep them is there a difference in their split with their broker if both agents are with the same agency. Usually the agents get a better split that way. Which is why some REALLY like it.
Posted on 3/29/25 at 8:36 pm to FightinTigersDammit
quote:
Verbal contracts can be enforced under certain circumstances/jurisdictions. Maybe check into that.
My experience is that contracts related to the sale of real property have form requirements, and verbal won’t work.
But ask a lawyer to be sure.
Posted on 3/29/25 at 8:48 pm to Stidham8
quote:
a photo of an "under contract" sign in the yard
That was from the contract they signed to the higher bidder
Posted on 3/29/25 at 9:36 pm to TBoy
I can't remember all the details, but I remember reading a story about Carl Yastrzemski and another guy, a coach, I think, making a verbal agreement on a house the coach owned.
Later, when Yaz wanted to complete the deal, the coach said he was just kidding, and his actual price was higher. Yaz sued, and wound up with the house.
That's the reason I mentioned verbal contracts, and made reservations about jurisdictions, which most people ignored.
Later, when Yaz wanted to complete the deal, the coach said he was just kidding, and his actual price was higher. Yaz sued, and wound up with the house.
That's the reason I mentioned verbal contracts, and made reservations about jurisdictions, which most people ignored.
Posted on 3/29/25 at 9:53 pm to Stidham8
If the buyer is black and the seller is white, I could see your winning your case and getting the house, otherwise, just move on.
Posted on 3/29/25 at 11:03 pm to Stidham8
If a Relocation Company is involved they got a better offer from another buyer.
Posted on 3/29/25 at 11:14 pm to Stidham8
Sorry I don’t have an answer for you, but this is crazy to me…
I was seller last summer. I had a buyer back out 3 days before closing on my house early last fall. It really fricked us over and delayed the process. Thankfully we ended up finally selling this February. Nothing I could do. Buyer had all the cards.
I wasn’t aware of a seller being able to back out after going “under contract”. How were you able get that far into the process without them actually signing the contract???
This 100%. It’s insane to me you were able to get that far into the process without signatures.
I was seller last summer. I had a buyer back out 3 days before closing on my house early last fall. It really fricked us over and delayed the process. Thankfully we ended up finally selling this February. Nothing I could do. Buyer had all the cards.
I wasn’t aware of a seller being able to back out after going “under contract”. How were you able get that far into the process without them actually signing the contract???
quote:
If your realtor didn’t advise you against having an inspection done on a house you don’t have under contract, fire your realtor and get one who knows what they are doing.
This 100%. It’s insane to me you were able to get that far into the process without signatures.
This post was edited on 3/29/25 at 11:24 pm
Posted on 3/29/25 at 11:31 pm to Stidham8
quote:
I don't know why they're using a relocation company.
quote:
They're planning to move to a different state.
What do you think “relocation” means?
Posted on 3/29/25 at 11:33 pm to Stidham8
quote:
and had a photo of an "under contract" sign in the yard
This post was edited on 3/29/25 at 11:34 pm
Posted on 3/30/25 at 4:10 am to SuperSaint
In LA, there is a whole section of the purchase agreement that lines out default by buyer or seller.
Most contracts call for either specific performance (force them to sell the house) or 10% of the sales price.
If relocation signed the contract, then they would be on the hook. They could technically be your seller. Normally, if relo signs a contract, the actual seller has already signed a deed over to the relocation company.
Now, I’m not saying I would necessarily sue anyone over this bc of the time and energy you would waste. If they paid you back for the inspection and the deposit check back, that’s fair.
Most contracts call for either specific performance (force them to sell the house) or 10% of the sales price.
If relocation signed the contract, then they would be on the hook. They could technically be your seller. Normally, if relo signs a contract, the actual seller has already signed a deed over to the relocation company.
Now, I’m not saying I would necessarily sue anyone over this bc of the time and energy you would waste. If they paid you back for the inspection and the deposit check back, that’s fair.
Posted on 3/30/25 at 5:20 am to Landmass
Call SFP
Posted on 3/30/25 at 6:21 am to ChatGPT of LA
quote:
Not true. Verbal or other communication can be binding. Including letting the buyer initiate the contract terms
this is immovable property Stop spreading bullshite
Posted on 3/30/25 at 7:08 am to La Place Mike
quote:
If a Relocation Company is involved they got a better offer from another buyer.
They aren’t even speaking with their listing realtor. They didn’t get another offer. They got cold feet.
We’re getting all of our money back so it’s not that big of a deal.
Posted on 3/30/25 at 7:10 am to Stidham8
File a lawsuit. Title attorneys aren’t good at enforcing shite. Real Estate agent and toothless words won’t do shite. Get a good litigator to help you.
Posted on 3/30/25 at 7:20 am to SaintsTiger
quote:
File a lawsuit. Title attorneys aren’t good at enforcing shite. Real Estate agent and toothless words won’t do shite. Get a good litigator to help you.
Can’t do anything without a signature.
Posted on 3/30/25 at 7:26 am to ChatGPT of LA
quote:
Not true. Verbal or other communication can be binding.
Verbal contracts can be binding but most states have a statute of frauds that require real estate (and some other) contracts to be in writing.
Posted on 3/30/25 at 8:16 am to Stidham8
Stop right here.
You sent them an offer and they never accepted your offer in writing. It sucks and the seller didn’t even know you were doing inspections because of the relocation company.
quote:
The sellers are using a relocation company and we don't have their signatures on anything.
You sent them an offer and they never accepted your offer in writing. It sucks and the seller didn’t even know you were doing inspections because of the relocation company.
Posted on 3/30/25 at 8:21 am to Stidham8
I am an old man and have been through this. My counsel, just walk away and find a new house. The time and energy you waste on this house is not worth it.
Just move on and forget them.
Also, once you get your money back, fire your realtor.
Start fresh
Just move on and forget them.
Also, once you get your money back, fire your realtor.
Start fresh
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