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Old 07-11-2010, 03:19 PM
 
Location: NJ
17,573 posts, read 46,137,120 times
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I only read a few pages, but talk about getting upset over nothing. There must be more to this story the OP isn't sharing. Why on earth would the OP not want to follow through on the contract?
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Old 07-11-2010, 03:43 PM
 
Location: The place where the road & the sky collide
23,814 posts, read 34,678,989 times
Reputation: 10256
Quote:
Originally Posted by manderly6 View Post
I only read a few pages, but talk about getting upset over nothing. There must be more to this story the OP isn't sharing. Why on earth would the OP not want to follow through on the contract?
Manderly, this thread is a must read. It gets more bizzare as it goes along.

The OP is in NE PA, so either she's in Scranton-Wilkes Barre, Easton, Lehigh, Allentown, or Bethlehem, or she's in the sticks.

She's gone nuts that the sellers changed the price on the house that she's under contract for to the price that it's under contract for. I've never seen such nonsense.

To be honest, I think that she's getting cold feet to be moving to a large metro area, & would be having the same reaction if she was buying in the Philly metro, & probably worse, because it's a bigger metro.
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Old 07-11-2010, 07:03 PM
 
Location: Up above the world so high!
45,218 posts, read 100,712,871 times
Reputation: 40199
Quote:
Originally Posted by southbound_295 View Post
Manderly, this thread is a must read. It gets more bizzare as it goes along.

The OP is in NE PA, so either she's in Scranton-Wilkes Barre, Easton, Lehigh, Allentown, or Bethlehem, or she's in the sticks.

She's gone nuts that the sellers changed the price on the house that she's under contract for to the price that it's under contract for. I've never seen such nonsense.

To be honest, I think that she's getting cold feet to be moving to a large metro area, & would be having the same reaction if she was buying in the Philly metro, & probably worse, because it's a bigger metro.

Cold feet could be one explanation. Just hope it all works out
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Old 07-11-2010, 07:08 PM
 
Location: State of Being
35,879 posts, read 77,483,478 times
Reputation: 22752
Quote:
Originally Posted by southbound_295 View Post
Manderly, this thread is a must read. It gets more bizzare as it goes along.

The OP is in NE PA, so either she's in Scranton-Wilkes Barre, Easton, Lehigh, Allentown, or Bethlehem, or she's in the sticks.

She's gone nuts that the sellers changed the price on the house that she's under contract for to the price that it's under contract for. I've never seen such nonsense.

To be honest, I think that she's getting cold feet to be moving to a large metro area, & would be having the same reaction if she was buying in the Philly metro, & probably worse, because it's a bigger metro.
Very interesting insight, as usual, SB.

I hope the OP takes a chill pill and thinks things through before creating a lot of chaos for several families.
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Old 07-11-2010, 07:12 PM
 
Location: The place where the road & the sky collide
23,814 posts, read 34,678,989 times
Reputation: 10256
Quote:
Originally Posted by lovesMountains View Post
Cold feet could be one explanation. Just hope it all works out
I've seen it before, in other circumstances. I could be wrong, but look at the stats for the places that I mentioned, then compare to the Charlotte metro.
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Old 07-11-2010, 07:24 PM
 
Location: The place where the road & the sky collide
23,814 posts, read 34,678,989 times
Reputation: 10256
Quote:
Originally Posted by anifani821 View Post
Very interesting insight, as usual, SB.

I hope the OP takes a chill pill and thinks things through before creating a lot of chaos for several families.
I could be wrong Ani, but the OP's posts gave me the idea.

I know what's in NE PA. Then when you look at what she wants. . . It looks like it's hit her that she won't be the big fish in the little pond. Now you can't actually use that as an excuse, can you? So if you shift the blame. . .

Really, the husband, supposedly has a job here, & what's she going to do? Pack him off to Charlotte for a year, or make him decline the job?

I think you're right, she needs to just take a chill pill, or 2.
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Old 07-11-2010, 07:39 PM
 
25 posts, read 90,403 times
Reputation: 17
Quote:
Originally Posted by hooligan View Post
Again, I'm not a real estate agent, but I'm not certain this statement is true. If you signed an offer sheet and the sellers accepted, I believe there *IS* a contract.


There are 3 necessary elements to any purchase contract.

1. Offer
2. Acceptance
3. Consideration

If the OP didn't receive the deposit/earnest $ in the timeline spelled out in the purchase agreement, there is no Consideration, therefore no contract.

Not that I'm saying what the OP is doing is right, just explaining the legalities. Whole deal sounds like a major knee-jerk
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Old 07-11-2010, 07:50 PM
 
Location: Cary, NC
43,279 posts, read 77,092,464 times
Reputation: 45632
Quote:
Originally Posted by lincoln24 View Post
There are 3 necessary elements to any purchase contract.

1. Offer
2. Acceptance
3. Consideration

If the OP didn't receive the deposit/earnest $ in the timeline spelled out in the purchase agreement, there is no Consideration, therefore no contract.

Not that I'm saying what the OP is doing is right, just explaining the legalities. Whole deal sounds like a major knee-jerk
A smart listing agent NEVER tells a buyers agent they are under contract until they have earnest money.
In NCAR Standard Offer to Purchase and Contract, there is no date on the acceptance of EMD, and no "TIME BEING OF THE ESSENCE," in that section.
So, the EMD may be given at any time.

You CAN be under contract without giving up the EMD, if the listing agent says you are.
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Old 07-11-2010, 08:15 PM
 
Location: State of Being
35,879 posts, read 77,483,478 times
Reputation: 22752
Well . . . I hope the situation works out for all concerned. Getting emotional about moving is not uncommon. In fact, it is a major life event.

Here is sending good thoughts to the OP that things fall in place and that the right decisions are made, so that several families can move on with their lives and get settled in their new homes.

Life is too short for all this turmoil.
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Old 07-11-2010, 09:00 PM
 
Location: State of Being
35,879 posts, read 77,483,478 times
Reputation: 22752
Quote:
Originally Posted by southbound_295 View Post
I have to agree with you.

Either it's a slow day on C-D or the word is out on this thread. We've got people from all over posting on it.

manderly, who I responded to, is from the South Jersey board. how she found this thread is beyond me.
It would be good to have an update from BD, as Loves said, too . . .

But I have to agree with Rosie that we are beating a dead horse as far as advice.

I think the main thing that has come out of this thread is more or less that moving is not an easy thing to do, no matter how sure you are about the move. When a person isn't sure about it . . . it can turn into a really awful situation and the thing is . . . other lives are involved.

I spent days with a professional crew packing up our house in Kansas, then flew back to NC to pack up our town house, then flew back to Kansas with hubby for the closing.

The night before the closing, my realtor called at 7:30 pm and said the Buyer was backing out of the closing, b/c I had removed a shelf in the bathroom wh/ she considered a permanent fixture.

It was the top of a Welsh Cabinet - was part of a two-piece piece of furniture - and was not permanently attached.

Her demand was that I get the piece of furniture off the truck (ha ha ha - we are talking an 18-wheeler here - who knows where that shelf was) or she wasn't going to settle b/c I had removed a permanent fixture. It wasn't a permanent fixture. It had been purchased years before I even moved into that house and was manufactured by Hickory Chair.

My realtor advised that I get the piece of furniture off the truck. My hubby advised I somehow get the furniture off the truck.

I told my realtor to tell her realtor that the piece of furniture was MINE, not HERS, and that it would be a cold day in hell b/f I got it or anything else off that truck. She either closed or the next phone call would be to a real estate attorney, and I would be suing her for failure to perform, in addition to whatever charges I was going to incur for having to store my furniture and to the moving company for packing up my household goods.

I got up the next morning, got ready for a noon closing, got a call at 10:30 am that she would still not comply, and I told my realtor . . . fine. Here is the name of my attorney . . .

I got ready for closing, went to the title office at the agreed to time (1 pm) . . . and signed the papers and picked up my check. As I had assumed, that silly lady had closed on the house.

People evidently sometimes completely lose their good sense when it comes to buying a home.

PS> Lesson here . . . DO NOT MESS WITH A WOMAN AND HER FURNITURE, lol. And a contract is a contract is a contract.

Last edited by brokensky; 07-11-2010 at 09:09 PM..
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