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Old 04-20-2008, 09:48 PM
 
186 posts, read 1,060,616 times
Reputation: 99

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Long story as short as possible. We received a contract on our house 2 weeks ago. We went back and forth countering for a couple of days before we agreed on everything. 8 days later we received another counter raising the price but wanting us to cover more closing cost so it balanced out. Our realtor didn't know anything about it they just emailed us directly the new contract. We countered back with a slight change (we are leasing the house back and the change was on the lease). They then sent us a new contract exactly the same as the previous one but pushed the closing out by another 2 weeks. Our realtor called them and it was a mistake. Received another contract with the correct closing date. We think everthing is finally done and over with. The next day we get another contract and the only thing changed is the closing day, they moved it up one day. We are not closing until June. Can anyone explain the reasoning to them sending yet another contract and just changing the closing date by 1 day? I just have a bad feeling about the realtor for the buyers. There have been several "mistakes" on the previous contracts and he always claims it was by accident. I don't know what it is I just don't care for him. I called our realtor to ask why we were getting another contract and the one day change but she has never returned my calls. I have never sold a house before but I have never heard of so many contracts before. I'm probably looking into this more then I need to.
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Old 04-20-2008, 09:55 PM
 
529 posts, read 2,708,582 times
Reputation: 166
Maybe they had something do on that day. But I would very leary as well. Maybe upon first look, it looks like all they did was change the one day but maybe they snuck something else in.
I would go over the contract very carefully and have your agent and/or attorney do the same.
I'm no expert. I have purchased 4 houses. I have sold one and am in the processes of selling my 2nd one. Haven't see a bunch of contracts
Good luck

Quote:
Originally Posted by cjones15 View Post
Long story as short as possible. We received a contract on our house 2 weeks ago. We went back and forth countering for a couple of days before we agreed on everything. 8 days later we received another counter raising the price but wanting us to cover more closing cost so it balanced out. Our realtor didn't know anything about it they just emailed us directly the new contract. We countered back with a slight change (we are leasing the house back and the change was on the lease). They then sent us a new contract exactly the same as the previous one but pushed the closing out by another 2 weeks. Our realtor called them and it was a mistake. Received another contract with the correct closing date. We think everthing is finally done and over with. The next day we get another contract and the only thing changed is the closing day, they moved it up one day. We are not closing until June. Can anyone explain the reasoning to them sending yet another contract and just changing the closing date by 1 day? I just have a bad feeling about the realtor for the buyers. There have been several "mistakes" on the previous contracts and he always claims it was by accident. I don't know what it is I just don't care for him. I called our realtor to ask why we were getting another contract and the one day change but she has never returned my calls. I have never sold a house before but I have never heard of so many contracts before. I'm probably looking into this more then I need to.
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Old 04-20-2008, 10:00 PM
 
186 posts, read 1,060,616 times
Reputation: 99
Quote:
Originally Posted by shenane View Post
Maybe they had something do on that day.
They are out of the country and won't be here for closing. With their agent claiming so many other things as mistakes after we call him out on it I am very nervous!!! My husband has already signed the contract, per our agents request. I called our agent to find out the reason why they needed the date changed by 1 day but she hasn't returned my call. She told my husband at the time she didn't know. I want to know exactly why it was changed. Is that wrong?
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Old 04-20-2008, 10:45 PM
 
Location: Southwest Pa
1,440 posts, read 4,408,657 times
Reputation: 1705
Changes are common and frustrating. They're also the reason you have an agent trained to handle them in a (hopefully) professional manner. What I see wrong here is agents should never deal with the other side if that side is represented by an agent as well. Buyers/sellers should talk to their agent who should talk to the other agent who should then talk to their buyer/seller, at all times.

A proper change in terms form should be filled out and signed by both sides with everyone getting a copy, everytime. Not an entirely new contract, a simple one page form that specifies the changes. This overrides whatever portion of the original contract that was changed without affecting the rest of said contract. Hopefully there's something like that in your area. I use them but you'd be surprised how many agents don't know the form exists. They'll mark out, fill-in, white-out, fill in a whole new set of forms, all manner of things.

A changing closing date isn't unusual at all and can happen for any number of reasons. Your agent should have knowledge of the reason why. Buyers and sellers sometimes don't attend the closing. That's usually taken care of in advance by providing a power of attorney to an agent or the closing official. And finally, remember your agent is working for you and you are entitled to answers. Good luck!
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Old 04-21-2008, 01:26 AM
 
Location: Dallas/Fort Worth, Texas
4,207 posts, read 15,228,965 times
Reputation: 2720
As far as the raising of the price and asking you to cover the closing costs. That is a very typical practice. This is how you structure the loan in a way where the closing costs are rolled into the loan aka financed. You are not really paying for them since the price got raised and the buyers don't have to come up with the cash.

It's also normal that if the negotiations drag, the original closing date is not going to work out if everyone is not decisive. They may have checked with their lender and they suggested a particular date... that is a negotiable item, if it doesn't fit your needs, just tell them no.

Congrats on the contract!!
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Old 04-21-2008, 07:04 AM
 
186 posts, read 1,060,616 times
Reputation: 99
The thing that bothers me the most is our realtor never knows about the changes until the contract pops up in our email and we call her. She never has answers on why things are being changed. It just worries me that there have been many so called mistakes. The original closing date was a Monday and they changed it to a Sunday. The buyers will not be at closing and neither will we. I'm very happy to have a contract and so quickly. Something just doesn't seem right with all the little changes.
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Old 04-21-2008, 08:22 AM
 
Location: Southwest Pa
1,440 posts, read 4,408,657 times
Reputation: 1705
My question is why are contracts coming to you and not to your agent?

We're supposed to review them and then go over things with you.
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Old 04-21-2008, 08:45 AM
 
186 posts, read 1,060,616 times
Reputation: 99
Quote:
Originally Posted by Bazzwell View Post
My question is why are contracts coming to you and not to your agent?

We're supposed to review them and then go over things with you.
The buyers agent is using a program called Docusign to send us the contracts. The buyers are out of country and my husband is out of state. When he sends the contract out it comes to us and our agent. Our agent is out a lot so we generally see the email long before she does. This is one thing that bothers me. She never knows when new contracts are coming to us or what is going on. We just get an email with the new cotract. When the last one came out with the closing change she just told my husband to sign it. When I called her to ask why the date keeps changing and we can't seem to get things together she has never returned my calls.
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Old 04-21-2008, 08:52 AM
Status: "Open for work" (set 12 days ago)
 
Location: Just south of Denver since 1989
11,822 posts, read 34,363,656 times
Reputation: 8950
I think what you have is an offer, unless you and your husband signed it then it is a contract. No matter how many offers you get in the future, if you signed one, that's *the* contract.

Humans make mistakes. If each subsequent offer corrects some of the mistakes and your agent didn't write a counter or an amendment correcting everything, then what's the harm?
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Old 04-21-2008, 08:57 AM
 
186 posts, read 1,060,616 times
Reputation: 99
Quote:
Originally Posted by 2bindenver View Post
I think what you have is an offer, unless you and your husband signed it then it is a contract. No matter how many offers you get in the future, if you signed one, that's *the* contract.

Humans make mistakes. If each subsequent offer corrects some of the mistakes and your agent didn't write a counter or an amendment correcting everything, then what's the harm?
We have signed all the contracts!! I just don't understand why we can't get answers for why there have been so many changes and we keep having to sign new contracts over and over. There has been a mistake on every single contract! I realize people make mistakes but that is a lot of mistakes in my opinion, especially on something that is so important.
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