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Old 11-06-2008, 11:11 AM
 
19 posts, read 59,304 times
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By law can a real estate agent have a customer sign a contract for one home one day, and before they are legally released from that contract sign another contract?
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Old 11-06-2008, 11:45 AM
 
Location: Cary, NC
2,407 posts, read 10,679,104 times
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What type of contract are you referring to? Are you referring to the NC "exclusive right to represent buyer"? Or other form?
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Old 11-06-2008, 12:22 PM
 
Location: Cary, NC
43,280 posts, read 77,092,464 times
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Quote:
Originally Posted by ImJustMe View Post
By law can a real estate agent have a customer sign a contract for one home one day, and before they are legally released from that contract sign another contract?

Maybe not, but...

If you have representation, and if you think that representation is in question, you should go to your agent's Broker-in-Charge.
If it is the other side of the transaction, you should consult your agent.

If you don't have representation, you may need to consult legal counsel.
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Old 11-06-2008, 01:41 PM
 
19 posts, read 59,304 times
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we have a contract with one builder (they are working on an item that may need repair) but our realtor is telliing us to go ahead and sign a contract on another home and then just cancel the 1st one.

Can't we get in touble for having two contracts wth 2 builders? Isn't it a bit unethical for her to tell us to do this?
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Old 11-06-2008, 02:01 PM
 
Location: Cary, NC
2,407 posts, read 10,679,104 times
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Quote:
Originally Posted by ImJustMe View Post
we have a contract with one builder (they are working on an item that may need repair) but our realtor is telliing us to go ahead and sign a contract on another home and then just cancel the 1st one.

Can't we get in touble for having two contracts wth 2 builders? Isn't it a bit unethical for her to tell us to do this?
IJM, are you trying to buy one house or two houses? If you're trying to purchase only one home, how does the first contract say about ending the contract? If you're unclear about any of your obligations, you should consult a lawyer.
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Old 11-06-2008, 02:22 PM
 
19 posts, read 59,304 times
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we are only buying one home. the realtor is making a big deal out of the item that the 1st builder is 'checking on'. We didn't think it was such a big deal, and they said it would only take a couple days to get back to us. But she is pushing us now to sign with a new builder before we even know if builder 1 will let us out of the contract or give us our $ back.
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Old 11-07-2008, 08:39 AM
 
353 posts, read 1,366,807 times
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Quote:
Originally Posted by ImJustMe View Post
we are only buying one home. the realtor is making a big deal out of the item that the 1st builder is 'checking on'. We didn't think it was such a big deal, and they said it would only take a couple days to get back to us. But she is pushing us now to sign with a new builder before we even know if builder 1 will let us out of the contract or give us our $ back.

Sounds like this realtor is just trying to make sure she gets a sale from you. What is the rush? Houses aren't exactly flying off the market right now.
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Old 11-07-2008, 08:54 AM
 
Location: Clayton
12 posts, read 38,342 times
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If your builder has accepted your offer but the inspection has revealed a problem there usually is a place on the contract that adresses the time frame allowed to the seller to respond to the repair request. Look at item 16 (usually page 4 of your standard offer). I would be skeptical of an Agent that makes a mountain out of a mole hill. If you like the house you should trust your instincts. My biggest concern with realtors recently is that they seem to push new homes in neighborhoods that offer cookie cutter homes and big agent bonuses. Be careful of buying a home in a neighborhood the builder is trying to get out of in a hurry unless they are the last new homes in that neighborhood. I know some of the regional builders are exiting this market and they offer great incentives but the values in those areas will plummett if the next phase of homes offered by a new builder are much cheaper. Right now it looks like the trac builders may be the biggest risk for a new home buyer.
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Old 11-07-2008, 01:29 PM
 
9,680 posts, read 27,161,997 times
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This agent may be doing something very wrong for you based on contract #1 or may just not be sharing the details with you.

Bring the signed contract to an attorney for a review.

Ifr it turns out that she was taking risks with you, might request she repay the attorney fee.
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Old 11-07-2008, 03:39 PM
 
Location: Apex, NC
115 posts, read 381,258 times
Reputation: 89
Quote:
Originally Posted by ImJustMe View Post
By law can a real estate agent have a customer sign a contract for one home one day, and before they are legally released from that contract sign another contract?
Just so you know, I am not, by any stretch of the imagination, qualified as legal council nor as an expert on real estate matters. I offer my opinions, however, for what they're worth. This is how I would approach it if I were in your shoes:

1) Don't sign a second contract unless you're willing to buy both houses.

2) If you don't want to get out of your first contract (you said the thing the builder was "checking on" was minor, didn't you?) you don't have to do anything more.

3) If you want to get out of the first contract, read it and determine what you have to do to minimize or eliminate any penalties.

4) It sounds like you don't trust your agent. If that's the case, and if you're getting out of your first contract, get a new agent at that time. You should not be working with an agent you do not trust.

5) Otherwise, wait and see how the builder deals with the issue he's "checking on" and continue with the deal. The builder is motivated to complete the sale and should be willing to negotiate any issues you may have. Hold your ground and don't accept less than you contracted for.

Good luck and keep a positive outlook.
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