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sellers procrastinates contract signing

Started by mairad
about 11 years ago
Posts: 11
Member since: Nov 2009
Discussion about
Seller accepted our offer. Seller asked for a few days to hire an attorney. Buyer hired an attorney who started a due diligence review. Managing agent was slow in responding to all of our questions. Finally we signed the contract. submitted 10% of down payment. Seller procrastinates signing contract and then we find out that seller entertains other offers. We already paid half of our attorney's fee. We gave seller a deadline. Now if seller does not sign by then, Can we sue seller for the money we spent so far? Also, is it not unethical for the realtor to present other offers when we are spending all these money towards finalizing this deal?
Response by steveF
about 11 years ago
Posts: 2319
Member since: Mar 2008

ethics for a real estate salesperson. R u kidding me? There are no ethics. It's how ever they can close the deal in the quickest time for the most commission. Salespersons main job is to manipulate seller into listing for the lowest price possible for a quick sale all the while getting their own buyer the ability to sign first

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Response by crescent22
about 11 years ago
Posts: 953
Member since: Apr 2008

Your deadline should be the next business day at noon, if it isn't already, and tell them at noon you go to tell the bank to cancel their check.

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Response by nyc_sport
about 11 years ago
Posts: 814
Member since: Jan 2009

You have no recourse. Tell the seller to return the signed contract tomorrow or the deal is off.

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Response by sp21
about 11 years ago
Posts: 99
Member since: Feb 2013

You can set a firm deadline like those here are saying. But then you're back on the market oolong for a deal. If you had been struggling to get an accepted offer you may just want to wait, push their hand, but also hope that nobody offers higher than your offer and you "are allowed to" buy their place. Complete BS and upsetting but I would not throw away this deal if you want the place.

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Response by alexikeguchi
about 11 years ago
Posts: 38
Member since: Apr 2012

I had a very similar experience with my purchase. The seller accepted the offer, "went to Europe" while I moved ahead with the inspection and lawyer's due diligence, and a week later let on that there was at least one more offer still being entertained. However, once my agent threw a hissy at having my offer shopped around, I got to give a best and final that was still acceptable to me, and the deal went through. You are kind of at the sellers' mercy in this market. If you really want the apartment and are willing and able, sweeten your offer. If not, it's a learning experience.

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Response by mairad
about 11 years ago
Posts: 11
Member since: Nov 2009

there should be a "rate a broker" site.
this is t

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Response by snezanc
about 11 years ago
Posts: 121
Member since: Oct 2007

did you represent yourself during the transaction? was there a buyer's agent?

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Response by milenkopekija
about 11 years ago
Posts: 15
Member since: Mar 2011

Until both parties signed the contract nothing is really binding. This is a very unethical seller , so you need to give him a firm deadline or the deal is off.

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Response by mairad
about 11 years ago
Posts: 11
Member since: Nov 2009

to snezanc: We have a buyer's agent. doe sit make a difference?

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Response by mairad
about 11 years ago
Posts: 11
Member since: Nov 2009

lets see what's going to happen. The deadline is COB tomorrow.

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Response by snezanc
about 11 years ago
Posts: 121
Member since: Oct 2007

to mairad: i'm surprised your buyer's agent can't pry some information out of the seller's agent. It's not that hard to pressure people to give up the truth when you're in the same business. That being said, there are strategies to lock sellers down by creating pressure points. Your buyer's agent should find out what the seller really wants and make sure your offer is the one to provide it.

New York does not accept anything other than a written contract as binding that has been executed and delivered. Hopefully your purchase will go through! Good luck.

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Response by mairad
about 11 years ago
Posts: 11
Member since: Nov 2009

Thank you all for your comments.
We now heard back from the sellers attorney that the contract he had drafted contained a mistake, missing a buyer's rider. They are redrafting it and we have to sign again. - Stay tuned

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Response by crescent22
about 11 years ago
Posts: 953
Member since: Apr 2008

You signed a contract that did not have your own rider on it?

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Response by mairad
about 11 years ago
Posts: 11
Member since: Nov 2009

The seller sent a contract, we (buyer) put a rider which was mutually agreed, signed (by us) and returned to seller for excecusion. Then the seller's attorney remembered that he did not put a seller's rider on it. Now seller's attorney will sent us a rider to sign and add.

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Response by mairad
about 11 years ago
Posts: 11
Member since: Nov 2009

The seller sent a contract, we (buyer) put a rider which was mutually agreed, signed (by us) and returned to seller for excecusion. Then the seller's attorney remembered that he did not put a seller's rider on it. Now seller's attorney will sent us a rider to sign and add.

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Response by FreebirdNYC
about 11 years ago
Posts: 337
Member since: Jun 2007

Mairad - same thing happened to me. Just assume they are shopping you around until they countersign. It's not a deal until it's in writing.

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Response by FreebirdNYC
about 11 years ago
Posts: 337
Member since: Jun 2007

But PS - I did get the place it just took a few days longer of stress and uncertainty until the contract was signed!

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