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That's how it may look but seller doesn't *typically* have that option. They refused and/or negotiated an out and got buyer to cancel. Sellers don't *typically* have the right to cancel contracts simply because they get a better offer.
I agree but what a given party can do and actually does is sometimes different and it is then on the other party to take steps to enforce. If seller decides not to sell and refuses to close, the sale doesn't complete. The buyer can cuss and swear and stomp their feet all they want to no effect. Buyer will have to hire an attorney, file a lawsuit, and fight it in court a few months to years to collect damages or in some cases forced compliance.
I agree but what a given party can do and actually does is sometimes different and it is then on the other party to take steps to enforce. If seller decides not to sell and refuses to close, the sale doesn't complete. The buyer can cuss and swear and stomp their feet all they want to no effect. Buyer will have to hire an attorney, file a lawsuit, and fight it in court a few months to years to collect damages or in some cases forced compliance.
Sometimes the threat of a lawsuit is all that's needed. A seller notified me that they were cancelling the contract because they had changed their mind. The buyer requested a meeting with the seller and at the meeting he said something to the effect of "I am willing to engage in a very expensive legal battle to enforce my contract and I will win". The seller changed their mind and closed.
No doubt it gets messy if a seller REALLY wants to cancel, especially late in the contract.
The remedy is through lawyers and courts. Not cheap, easy or fast to work out.
And I would think, it poisons the tree. It can't be fun to move in to a home that you had to push the previous owner out of against their will.
So... we often end up trying to negotiate settlements and compromises at least make buyer whole for their loss in the process, and they choose to walk away.
we often end up trying to negotiate settlements and compromises at least make buyer whole for their loss in the process, and they choose to walk away.
Well I am pretty sure they are trying to get me to walk. I found out they have a back up offer that was received just before the incidents stated happening on the property. And now time has passed. I submitted my inspection contingency letter and requested remedy of earmarking x amount of dollars to escrow for me to hire a plumber and put the bathroom back in. Seller rejected.
We now have 3 days to resolve as per contract.
I dont want to walk on this property but of course I would prefer to have the removed items put back in, and by now I know there is something unethical going on. But as i said I dont want to walk away.
In contract I noticed this: CONDITION OF PROPERTY: Seller agrees that the Property shall be in the same condition, normal wear and tear excepted, from the date of the execution of this Agreement up to the time Buyer takes possession of the Property. Seller agrees to leave the Property in broom clean or better condition and allow Buyer a walk-through inspection of said Property prior to closing to make sure that all appurtenances and appliances included in the sale remain on the Property.
What does this mean for me? note it is not in same section as INSPECTION CONTINGENCY so not sure if it is useful in this matter.
Irregardless of that contract item, what else can I do in this matter?
I don’t know what state you’re in but that Condition of property clause sounds very much like ours.
If they have demolished/removed bathroom fixtures from the house after signing, you should not be using your inspection contingency to remedy that. It’s not a defect issue. They can’t make substantial changes like that to the property because of the condition clause you quoted.
It really sounds like it’s lawyer time for you. Before you invest any more money or energy in this place. The situation sounds far more complex than you can explain here… But I’ve never heard of a seller sabotaging their own property to kill a sale so that they can sign a different buyer. What exactly have they done? Does the new buyer want the property in this condition?
What exactly have they done? Does the new buyer want the property in this condition?
I am new buyer and dont want in this condition.
By "what have they done" do you mean to the property? I posted that a while back.
"What exactly did they alter?"
Dismantled and removed some kitchen cabinetry, hot water tank, toilet, combo fiberglass bath/shower - some water damage in bath flooring in process. All items still onsite except combo acrylic bath/shower - "unwitting" third party offered to replace combo acrylic bath/shower with iron vintage tub but not to do any work. "unwitting" third party related to seller making it even more messy.
By "what have they done" do you mean to the property? I posted that a while back.
"What exactly did they alter?"
Dismantled and removed some kitchen cabinetry, hot water tank, toilet, combo fiberglass bath/shower - some water damage in bath flooring in process. All items still onsite except combo acrylic bath/shower - "unwitting" third party offered to replace combo acrylic bath/shower with iron vintage tub but not to do any work. "unwitting" third party related to seller making it even more messy.
Right but that doesn't really make sense? Removed for what purpose? To remodel and replace with something else? What unwitting third party?
This doesn't usually happen while homes are on the market, let alone while they're under contract. They're doing enough "damage" in the many thousands to fix. Sellers don't typically start taking their house apart for no reason. Can you explain? I have a feeling why matters. What have you been told?
By "what have they done" do you mean to the property? I posted that a while back.
"What exactly did they alter?"
Dismantled and removed some kitchen cabinetry, hot water tank, toilet, combo fiberglass bath/shower - some water damage in bath flooring in process. All items still onsite except combo acrylic bath/shower - "unwitting" third party offered to replace combo acrylic bath/shower with iron vintage tub but not to do any work. "unwitting" third party related to seller making it even more messy.
I think the point was, you suggested they had a better backup offer, but why would the "other" buyer want the property after all that? What you describe might make sense if the seller decided they wanted to keep the house and not sell to anyone.
My current assumed relevant points center around is IF "unwitting third party" is legitimate or IF anyone else is. The Seller and unwitting third party are related. The Agent is a family friend. There have been tons of head scratching statements and all are simply unverifiable. unwitting third party is also an agent. Owns next door property, had legacy interest in subject property but sold it to current owner.
Since they are all intertwined and each of them has more or less claimed a. ignorance or b. miscommunication - again no way to pin down real events. unwitting third party supposedly was not aware it was under contract but I told them it was directly and repeatedly so it is not plausible. my assumption is a. unwitting third party heard my plans for property and liked my idea thus wanted to x me out and assume some control over property or outcome - or b. They got better offer and have been trying to get me to walk.
I am not sure any of those details matter in terms of coming to a resolution by Thursday.
It is my understanding that in addition to standard legal options - my options are to file a compliant with NAR - and if I did - I would have option to go formal or try to preempt with arbitration. Is that correct?
The best deal would be them just owning up as I already tried to offer. Remains to be seen if they will.
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