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Old 07-26-2009, 10:16 PM
 
Location: Salem, OR
15,578 posts, read 40,434,848 times
Reputation: 17473

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Quote:
Originally Posted by sheenie2000 View Post
Exactly, our contract states that and our lawyer said we can walk away and are even entitled to our earnest money back.
I guess my agent is trying a 'scare tactic' for some reason.
You know with the market as bad as it is in many areas, many agents are going after their clients for commissions earned. In some cases agents have legitimate reasons and sometimes they don't. This is a buy product of difficult economic times.

Listen to your attorney.
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Old 07-26-2009, 10:20 PM
 
Location: Salem, OR
15,578 posts, read 40,434,848 times
Reputation: 17473
Quote:
Originally Posted by middle-aged mom View Post
Is the contract enforceable?
I think the enforceable clause is in place. There was mutual acceptance. The issue is the clause "the buyer defaults..."

A default is an omission; a failure to do that which is anticipated, expected, or required in a given situation.

Obviously I am not an attorney, but I don't see how they can claim that you legally defaulted.
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Old 07-27-2009, 04:44 AM
 
Location: Cary, NC
43,291 posts, read 77,115,925 times
Reputation: 45657
Quote:
Originally Posted by sheenie2000 View Post
Thanks Silverfall.

Our agent said his Broker in charge instructed him to do this.

Our contract says compensation is deemed earned If, having entered into an enforceable contract to acquire property during the term of this Agreement, Buyer defaults under the terms of that contract.

Quote:
Originally Posted by sheenie2000 View Post
Exactly, our contract states that and our lawyer said we can walk away and are even entitled to our earnest money back.
I guess my agent is trying a 'scare tactic' for some reason.
Next communication should be directly with the BIC.
If the BIC is calling the shot, why waste time with the agent?

No one builds a good long term reputation in real estate on a foundation of suing clients.
Wonder how this would look in the Observer?
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Old 07-27-2009, 07:01 AM
 
Location: Charlotte, NC
2,193 posts, read 5,055,167 times
Reputation: 1075
Yea it's just odd, I don't know why he'd do this to us. I'm sad and disappointed. Our price point kept going up too. And when we start searching again (which is immediately), we're going to look at higher priced homes. Plus we're planning on purchasing several rental properties in the future.
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