Written contract without the realtor (agents, settlement, commission, sellers)
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My wife and I entered a contract with a builder who also found us a realtor,the day the contract was written the realtor did not show up and the contract was written by a person who shows model homes for the builder,when showing us the property we noticed large power lines near the property and also gas drilling.is this contract binding?
Last edited by RisEarl; 08-18-2010 at 08:23 PM..
Reason: misspelling
My wife and I entered a contract with a builder who also found us a realtor,the day the contract was written the realtor did not show up and the contract was written by a person who shows model homes for the builder,when showing us the property we noticed large power lines near the property and also gas drilling.is this contract binding?
Mike is right, you need proper legal advice. Just curious, why didn't you look at the property before signing a contract?
Did you hire the realtor by signing an agency agreement? Do you realize that if you wanted an agent, you have the right to walk out of the office if your agent isn't present? I'm not an attorney and don't know anything about your contract other than what you've posted here, but I don't see why the contract wouldn't be binding. You proceeded without your agent, which is your option. If you want out, be prepared to pay an attorney, and possibly to lose your deposit.
Quote:
Originally Posted by RisEarl
My wife and I entered a contract with a builder who also found us a realtor,the day the contract was written the realtor did not show up and the contract was written by a person who shows model homes for the builder,when showing us the property we noticed large power lines near the property and also gas drilling.is this contract binding?
One does not need a Realtor to sign a contract. Hundreds of builder reps are not licensed agents and usually it's the builder's contract and nothing more than a fill in the blanks, selecting options and putting up that non-refundable deposit on a home that has so much wiggle room on the delivery date, it could make some short sales look great (okay, over exaggeration, but you get the point). I AM NOT AN ATTORNEY, but my money is on you signed a binding contract.
What I do see as peculiar is he was contacting a Realtor to write your contract. Was this Realtor someone that listed his homes? Or, was this an outside Realtor that was suppose to represent your interests? If so, that smells and definitely warrants an attorney opinion. You were thinking you were going to have someone on your side, but I suspect this Realtor is called upon often. I am also willing to bet she has a very reduced commission in exchange for the contact of definite home sellers. I'm willing to bet the ranch she didn't even show for the writing of the contract due to her cozy relationship with the builder.
Find a good real estate trial attorney.......not all settlement attorneys are good negotiators.
Last edited by SmartMoney; 08-22-2010 at 09:44 AM..
When did you sign this contract and is there a homeowners association?
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