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Old 10-03-2010, 03:33 PM
 
40 posts, read 45,048 times
Reputation: 31
Default Counter offer headaches

Younger sister is buying a house and there have been many counter-offers going back and forth.

The last counter-offer where buyers and sellers signed was about 4 counters ago, every counter since then only 1 party had signed and the other does not accept.

Here is the question (to the best of my ability, sister not here to get other details); Seller/sister was the one who sent out the last counter-offer. According to the buyers agent the buyers will not sign this counter offer unless something else is addressed first.

So the question is, does the email from the buyers agent saying they might except it and might sign it if "this or that" stipulation is met constitute a rejection of the counter offer all together?

Since this real estate agent represents the buyer I was thinking that she is speaking on the buyers behalf and is rejecting the offer as written. Am I right?

There is no expiration date to this counter-offer by the way.

Also, if sister does not want to wait for an answer can she consider the email from the buyers agent as a rejection on behalf of her buyers?

Can sister submit another counter-offer that might be more pleasing to the buyers now?
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Old 10-03-2010, 03:38 PM
 
Location: Kailua Kona, HI
2,676 posts, read 5,956,617 times
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What does your sister's agent say?? No one here could possibly advise someone who has representation!
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Old 10-03-2010, 04:46 PM
 
Location: South Metro Denver for 25 years
8,585 posts, read 18,737,442 times
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any counter that was sighed by both parties makes that a part of the offer making it a contract.
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Old 10-03-2010, 07:10 PM
 
40 posts, read 45,048 times
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2bindenver,

Thanks for the info, it's been helpful.
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Old 10-03-2010, 07:54 PM
 
3,038 posts, read 2,068,839 times
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Quote:
Originally Posted by momobear71 View Post
Younger sister is buying a house and there have been many counter-offers going back and forth.

The last counter-offer where buyers and sellers signed was about 4 counters ago, every counter since then only 1 party had signed and the other does not accept.

Here is the question (to the best of my ability, sister not here to get other details); Seller/sister was the one who sent out the last counter-offer. According to the buyers agent the buyers will not sign this counter offer unless something else is addressed first.

So the question is, does the email from the buyers agent saying they might except it and might sign it if "this or that" stipulation is met constitute a rejection of the counter offer all together?

Since this real estate agent represents the buyer I was thinking that she is speaking on the buyers behalf and is rejecting the offer as written. Am I right?

There is no expiration date to this counter-offer by the way.

Also, if sister does not want to wait for an answer can she consider the email from the buyers agent as a rejection on behalf of her buyers?

Can sister submit another counter-offer that might be more pleasing to the buyers now?
If there is a counter offer that they both signed it is considered that both parties agreed to what is written unless there also is written on the counter something like "this counter is subject to counter 2" or 3 or whatever the next would be.

No expiration date? Someones agent screwed up.
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Old 10-04-2010, 11:17 AM
 
458 posts, read 944,595 times
Reputation: 334
Quote:
Originally Posted by momobear71 View Post
Younger sister is buying a house and there have been many counter-offers going back and forth.

The last counter-offer where buyers and sellers signed was about 4 counters ago, every counter since then only 1 party had signed and the other does not accept.

Here is the question (to the best of my ability, sister not here to get other details); Seller/sister was the one who sent out the last counter-offer. According to the buyers agent the buyers will not sign this counter offer unless something else is addressed first.

So the question is, does the email from the buyers agent saying they might except it and might sign it if "this or that" stipulation is met constitute a rejection of the counter offer all together?

Since this real estate agent represents the buyer I was thinking that she is speaking on the buyers behalf and is rejecting the offer as written. Am I right?

There is no expiration date to this counter-offer by the way.

Also, if sister does not want to wait for an answer can she consider the email from the buyers agent as a rejection on behalf of her buyers?

Can sister submit another counter-offer that might be more pleasing to the buyers now?
So is your sister the buyer or the seller? You say she's buying a house at the beginning, then in the middle you say she's the seller. Frankly, I can't puzzle together the rest of your post without knowing that.
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Old 10-04-2010, 09:31 PM
 
40 posts, read 45,048 times
Reputation: 31
Sheriwx,

Thanks for pointing that out to me, my mistake, sorry. She is selling, not buying.

The update from her is that the buyers supposedly accept her offer but they wont' sign the proposal she was offering them until she meets some other condition first.

To me that seems like a rejection not an acceptance, her husband thinks so too.

But the buyers are not making any written counter offers. They are saying that they accept her offer/addendum, but wont sign in until they agree to "x".

I do not understand why the buyers just don't write another counter with whatever changes they want. Seems to me if they simply refuse to accept it, or counter it, then it is the same as rejecting it.

Her husband thinks that since there is no time limit on the addendum that they are just taking their time. Plus my sister said that up until this piont any changes proposed by either side has been in writing and either accepted or they keep changing it til both parties are satisfied, except for this time.

It also seems weird because their entire contract is about to expire all together. I don't understand their strategy, if they have one.

Someone suggested to her that maybe the buyers are looking to get out of the deal all together. But they can do that already. They can outright reject what she is offering for repairs and get their monies back.

It just seems way more complicated than it has to be.
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Old 10-04-2010, 09:51 PM
 
40 posts, read 45,048 times
Reputation: 31
Nocontengencies,

You are right, her agent messed up!

Quote: "both parties agreed to what is written unless there also is written on the counter something like "this counter is subject to counter 2" or 3 or whatever the next would be."

That's the problem, The buyers won't put a written counter offer on the table. Only emails and phone calls from their agent saying do "this and that" and then we sign.

The buyers say they will sign the counter if my sister and her husband do x. I told her then the buyers need to put that in writing just like all the other offers and counter offers that have been bounced back and forth between them.

She is upset because her husband is suspicious and says if they won't put their requests/counter offers in writing he simply won't acknowledge any request they make until they do. But my sister does not want to lose the deal.

Any reasons as to why they would not send them a signed counter offer in writing as they have been doing all along? What could they possibly gain?
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