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We put a bid in on a house and gave full asking. We then signed the contract given to us by the seller. The seller has since refused to sign (she is elderly and is having health issues -still wants to sign, but wont say when).
Even though the seller hasn't signed, I think that under the law, there is still a contract. When they gave us the contract that was the "offer" and when we signed that was the "acceptance" so that means there is a "contract" even if the seller hasn't signed.
Is there anything I can threaten the seller with for failing to move forward? What are the damages for the seller refusing to go through with the sale? We are out the inspectors report, will have to sign a new lease for a place to stay while this gets sorted out. I posted before and the replies said drop the house but I woulld really like to get this house.
Even though the seller hasn't signed, I think that under the law, there is still a contract. When they gave us the contract that was the "offer" and when we signed that was the "acceptance" so that means there is a "contract" even if the seller hasn't signed.
Since when ? As far as I know a contract means you need the signatures from both parties. I'm lost... who is advising you that you are under contract under law ? As others have said maybe you need a new attorney....
You have not mentioned if you put anything down yet.... Its quite obvious that you have fallen in love with the house.... just let it go now.... its not that bad.... unless you really get the seller to sign it (health problems.... I call BS !!) Threaten to get out and don't be surprised how they wake up from the dead to sign the sheet of paper if they really want to sell.
There is no contract because the other party has not signed. You could possibly take the owner to small claims court to recoup the cost of the inspector's report, provided the owner never signs the contract. Otherwise I don't think there is much else you can do. IMO forget about trying to force this old lady out of her home prematurely to meet your timeline of not wanting to sign another lease. She does not owe you any timeframe at all according to the contract you described, especially since she never signed it at all. Get a real lawyer in the future. Also, it sounds like you are a first-time home buyer, so be prepared for plenty of aggravation and maybe more lost opportunities that you thought would go through. There are a lot of things that can go wrong when you are trying to buy a home, as you have found! If you really must have THIS home, then you are going to have to wait until the old lady is good and ready. That is the reality of it. Good luck! As zulu says, you can state that you are withdrawing your offer unless she signs ASAP and then if she is faced with the possibility of NO offer, she might sign instead of have to find another buyer.
There is no contract because the other party has not signed. You could possibly take the owner to small claims court to recoup the cost of the inspector's report, provided the owner never signs the contract. Otherwise I don't think there is much else you can do. IMO forget about trying to force this old lady out of her home prematurely to meet your timeline of not wanting to sign another lease. She does not owe you any timeframe at all according to the contract you described, especially since she never signed it at all. Get a real lawyer in the future. Also, it sounds like you are a first-time home buyer, so be prepared for plenty of aggravation and maybe more lost opportunities that you thought would go through. There are a lot of things that can go wrong when you are trying to buy a home, as you have found! If you really must have THIS home, then you are going to have to wait until the old lady is good and ready. That is the reality of it. Good luck!
Spot on.... I can speak from my personal experience this year !!
Seller doesent HAVE to sell to you without a contract(even with one many have wiggle room so they can still decline but they may owe a commission to the RE), its a buyers market, but its still her house as I understand it.
Seller's attorney drafts the proposed contract to Buyer's attorney. Buyer's attorney returns it signed (with possible changes) along with the earnest money check. If Seller decides not to sign - it's Seller's prerogative. Of course you should get your check back (if one was sent along with the partially signed contract).
The only person who MIGHT have a claim here is the selling agent who apparently brought a willing and able buyer to the table and now stands to lose his/her compensation...
Seller's attorney drafts the proposed contract to Buyer's attorney. Buyer's attorney returns it signed (with possible changes) along with the earnest money check. If Seller decides not to sign - it's Seller's prerogative. Of course you should get your check back (if one was sent along with the partially signed contract).
The only person who MIGHT have a claim here is the selling agent who apparently brought a willing and able buyer to the table and now stands to lose his/her compensation...
Thanks. What about the money spent for the inspection and other stuff. Is there a claim for this?
Possibly for the inspection - your attorney should advise you on this. I'm assuming you had the inspection done after you had an accepted offer but before you received the contract?
I don't know what "other stuff" you're referring to?
Possibly for the inspection - your attorney should advise you on this.
I don't know what "other stuff" you're referring to?
We had a similar situation happen on back-to-back homes. Each one had an accepted offer and we paid for an inspection for each one as well. We signed the contract and sent the check on the first, only to have it returned and the house pulled from the market (no explanation); the second one stalled us a weekend on getting the contract out to us and then came back suggesting that a higher offer came in. It was enough aggravation to get a guy to start smoking again (literally), and as much as I wanted to try and get our inspection $ back, moving on was the best option. We're now in contract on a third... so far so good.
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I can speak from my personal experience this year !!
Happened to us twice already
