I signed the offer to purchase real estate on this past Saturday with the listing broker and my broker [represents me], but the seller did not sign it that day i.e., Saturday. On Sunday I had second thoughts so I told my broker don't want the house at 2 PM and she immediately told the listing broker the deal is off. The catch is on Sunday [time is unknown because no time stamp on fax] the seller signed the offer to purchase real estate. Is the offer to purchase real estate still valid and enforcable?The problem is the listing broker refuses to give me back the check, she deposited on this past Monday. I had my broker contact the listing broker, but that got no where. The listing broker supposely has hired a lawyer for consule. I don't want to go through an inspection to get out of it because it will cost a couple hundred dollars and would be a real hassle to face the listing broker not to mentioned the expiration date to do the inspection would be tomorrow i.e., 3/9.
You might be able to kill the deal with the home inspection. That will of course cost whatever the inspection costs. Have your agent request an extension on the home inspection period in order to figure out what you are doing. Insist that she does it tomorrow IN WRITING.
Even if there is no time stamp on the fax, there should be a log in the incoming fax machine showing when the fax was received. By the way, what did the selling agent say to your agent when they were told that you were withdrawing your offer?
I can only answer this for California Real Estate Law. If you can support your claim that you communicated to your selling broker to cancel the offer PRIOR to the delivery of the offer (instrument), then, yes, the contract (or offer) is revoked. If your selling broker communicated your second thoughts PRIOR to the listing broker presenting the offer (to the seller or principal), then the contract is revokable. You are entitled to a full refund of your deposit. The courts will support your rights over the seller's when doubt or evidence is lacking. If all evidence supports the seller (subsequently the listing broker), then you have another opt out clause. In most contracts you have to live up to your end of the agreement and if you cannot perform for reasons beyond your control, then the contract will be revokable. One very easy way, if and only if you require(d) financing is (was) to be declined for financing. There won't be an expense for most loan brokers or bankers to get this letter of decline. Try contacting a friend of a friend (;-) to get this valuable piece of paper. This is a much cheaper way of getting the contract voided. No expense will be incurred by you nor the seller, so you will be entitled to a full refund once again. Check your contract to see if this clause exists. If you wrote a personal check then cancel it or put a stop payment on it and leave the issue up to them (the seller) to seek legal remedies thereby having them go through the trouble and expense of court and legal costs. If you gave them certified funds, then unfortunately, you will have to begin legal proceedings yourself, but can obtain legal expenses from the seller. Another note: if you borrowed the monies from any source (e.g. finance company or friend who draws up a contract), then will you also be entitled to not only your initial deposit, but also the interest it cost you to obtain the borrowed monies.
you're actually not using the superb suited terminology. an grant to purchase isn't a settlement. that is in user-friendly terms what it says - an grant to purchase. It will become a settlement while the seller accepts it because it particularly is written. till your grant particularly knocks the sellers' socks off, they're going to often provide you a counter grant, or they're going to grant to settle on your grant with specific differences or contingencies. It genuinely will become a settlement in user-friendly terms in spite of everything words have been agreed on and signed by technique of all events worried. in case you're a amateur, and judging by technique of your question, i might guess which you're, you particularly could get carry of professional suggestion formerly writing an grant. in the experience that your phrasing isn't superb suited, you may get yourslef into deeper water than you opt to be in. I advise that if y ou don't have a real property agent representing you, you particularly want an ttorney to write down the grant for you and to lead you in the direction of the entire transaction. confirm to get an legal professional who makes a speciality of genuine property regulation. as a great way because of the fact the type itself in worried, you may get carry of one from any workplace table certain grant shop. you do no longer possibly want a particular sort nevertheless. you are able to write or form an grant on a undeniable sheet of paper, yet considering the fact which you're a amateur, i do no longer advise this for you. Please get carry of the centers of the two a Realtor or an legal professional on your secure practices. do no longer attempt to do this on your guy or woman. There are too many opportunities which you would be able to make a severe mistake.
When you signed, you agreed to the deal. The deal probably does have an escape clause, but not without cost to you.
