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11-02-2009, 08:38 PM
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Junior Member
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Join Date: Nov 2009
Reputation: 10
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real estate seller contract breaking
my husband just suddenly passed away and i put my house on market and now i have realized i should have never done this. i am on medication and under mental health care. if there a way i can break my sellers contract without any repercussions? i am in florida
Last edited by pegleg1217; 11-02-2009 at 08:41 PM..
Reason: left out info
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11-02-2009, 08:47 PM
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Real Estate Agent
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Join Date: May 2008
Location: Tempe, Arizona
747 posts, read 199,055 times
Reputation: 300
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Talk to an attorney. Are you trying to break a listing agreement with your agent or a purchase contract with a buyer?
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11-02-2009, 09:14 PM
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Realtor
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Join Date: Aug 2007
Location: Columbia, SC
3,519 posts, read 2,183,401 times
Reputation: 1142
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If it's a listing agreement talk to the agent. If it's a purchase contract talk to an attorney.
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11-02-2009, 09:24 PM
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Real Estate Agent
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Join Date: May 2008
Location: DFW - Coppell / Las Colinas
3,620 posts, read 1,746,349 times
Reputation: 2068
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I would first call my agent and tell her you've changed your mind and want out of the listing agreement. If that didn't work I'd call her boss. Our company policy is we want happy clients, if you asked me to terminate I would say "No problem", come get my sign and ask you to call me when you're ready to sell.
If that doesn't work you can then talk to an attorney.
Keep in mind, if they won't cancel you don't have to accept any offers that comes your way. You can just tell your agent it's not good enough and you don't need to counter it.
Do you have a older child or friend who can help you work all this out ?
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11-02-2009, 09:59 PM
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Senior Member
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Join Date: Aug 2009
316 posts, read 84,142 times
Reputation: 240
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If it is your contract with the selling agent, simply call the agent and demand they raise the asking price to double the comp rate in your area and declare you are only available to show the home on Tuesdays between 6am and 8 am. Problem solved.
If you are under a contract with a buyer, hire an attorney, or blow up your HVAC system and then refuse to fix it when they request it after inspection. Or, go get a bucket of toxic mold and spread it here and there about the home.
Of course this is all just my own advise, your should seek legal advise, always from a licensed attorney who practices real estate law in your state.
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11-03-2009, 11:59 AM
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Senior Member
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Join Date: Oct 2006
Location: Weeki Wachee,FL
4,089 posts, read 2,603,823 times
Reputation: 1675
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Quote:
Originally Posted by WilliamHarman
If it is your contract with the selling agent, simply call the agent and demand they raise the asking price to double the comp rate in your area and declare you are only available to show the home on Tuesdays between 6am and 8 am. Problem solved.
If you are under a contract with a buyer, hire an attorney, or blow up your HVAC system and then refuse to fix it when they request it after inspection. Or, go get a bucket of toxic mold and spread it here and there about the home.
Of course this is all just my own advise, your should seek legal advise, always from a licensed attorney who practices real estate law in your state.
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I must say this is some of the worst advice possible.
At one point you want her to do thousands in damage to her home.
Another suggestion has her trying to change a valid contract.
There is no provision in most contracts to just change the asking price, the other suggestion is just idiotic.
I have 2 suggestions, the first is to explain to the list agent what is going on, 99% of the time that will take care of it.
My other suggestion would be to put you on ignore and not take any advise from you as it will cause her worlds more damage than anything else.
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11-03-2009, 12:03 PM
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Real Estate Agent
Status:
"Thinking about getting motivated to work on a project..."
(set 18 days ago)
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Join Date: Oct 2007
Location: Salem, OR
4,505 posts, read 2,768,598 times
Reputation: 1703
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I agree with Mike Peterson. Just call your listing agent and explain things. Getting out of a listing contract should be fairly easy. Getting out of a contract with a buyer might be more difficult but I think most buyers would be understanding.
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11-03-2009, 12:38 PM
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Realtor
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Join Date: Aug 2007
Location: Columbia, SC
3,519 posts, read 2,183,401 times
Reputation: 1142
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Mike, I think that poster was trying to be sarcastic except for the last line about getting legal advice. If not, then that was pretty bad advice. Either way...just talk to your listing agent and go from there.
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11-03-2009, 12:55 PM
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Senior Member
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Join Date: Oct 2006
Location: Weeki Wachee,FL
4,089 posts, read 2,603,823 times
Reputation: 1675
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Quote:
Originally Posted by Brandon Hoffman
Mike, I think that poster was trying to be sarcastic except for the last line about getting legal advice. If not, then that was pretty bad advice. Either way...just talk to your listing agent and go from there.
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READ SOME OF HIS OTHER POSTS AND UNFORTUNATELY i THINK HE WAS NOT SARCASTIC.
Just realized cap lock was on and too lazy to go back and retype.
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11-03-2009, 01:14 PM
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Senior Member
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Join Date: Aug 2009
316 posts, read 84,142 times
Reputation: 240
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Quote:
Originally Posted by WilliamHarman
If it is your contract with the selling agent, simply call the agent and demand they raise the asking price to double the comp rate in your area and declare you are only available to show the home on Tuesdays between 6am and 8 am. Problem solved.
If you are under a contract with a buyer, hire an attorney, or blow up your HVAC system and then refuse to fix it when they request it after inspection. Or, go get a bucket of toxic mold and spread it here and there about the home.
Of course this is all just my own advise, your should seek legal advise, always from a licensed attorney who practices real estate law in your state.
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If you cannot see see the sarcastic tone in my post, well then.....I don't know what to tell you.
That said, the above scenarios would probably work, assuming you really wanted out and nobody would let you out.
Agents, you really going to agree to market a home where the seller wants double the going rate? You do realize, it is their right to price their home as they wish?
And if you have a buyer who refuses to let you out and is attempting to force the purchase (something he or she has a right to do) then you could always make sure the repairs are too excessive. Is this ethical, or the right thing to do? Probably not, but desperate people do desperate things.
I've actually seen both of the above played out before. It's probably more common then you think.
I knew a guy who found out he had cancer and wanted to stop the sale of his home. The buyer was forcing the sale and even got an attorney. The seller went out and removed the heating and Ac system from the home and sent a letter stating they had failed and he would not be reparing or replacing them. A $12,000 system.
The buyer got the message and walked.
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