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Old 04-09-2021, 09:50 AM
 
Location: Rochester, WA
14,342 posts, read 11,847,196 times
Reputation: 38552

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Quote:
Originally Posted by oceangaia View Post
But all this is just chit chat. The definitive answer is to get an attorney and their advice will be more appropriate than anything we could offer.

Yes, but please keep us posted!
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Old 04-09-2021, 09:52 AM
 
Location: Salem, OR
15,509 posts, read 40,231,078 times
Reputation: 17383
Quote:
Originally Posted by Diana Holbrook View Post
Here, it can be valid if signed after the expiration, but some brokers prefer making it cleaner with a new addendum.

And same with cross-outs. You can cross out and mark up the contract, or we can make the changes on an addendum or counter-offer form, and different brokers and different areas have different preferences. Pretty sure no matter what is crossed out or where, any markup *should* have been initialed by all parties.

There's bad practices, OK practices, and BEST practices, and we've all seen some of each, in our days.
The attorney doing our contracts training was clear that it isn't an executed offer here. We have case law on it, apparently, so the courts have ruled on it.

I know up in WA that cross-outs are a thing in some places as I've seen some of those contracts. I have no idea how they keep things clear with all that craziness and initials! Thankfully, we have always had a "clean" contracts real estate culture in my area so there is no confusion. The only thing we cross out is when someone messes up an addendum numbering sequence. That we cross out and initial, but that is
about it.
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Old 04-09-2021, 10:38 AM
 
8,540 posts, read 12,291,995 times
Reputation: 16442
Generally, a Seller needs to receive notice that a counter offer has been accepted. Until they are notified, they can withdraw their counter-offer. If you told your agent that you wished to withdraw your house from the market prior to being told that your counter-offer had been accepted, that MAY be grounds to invalidate the "contract". (And the other party would need to be notified of this.) This is not legal advice, so inquire with your attorney whether this may be an angle to pursue.

P.S. The expiration date seems irrelevant since you went ahead and signed after that time and the person who put the expiration date into the contract is willing to ignore it.
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Old 04-11-2021, 06:37 AM
 
21,722 posts, read 9,282,207 times
Reputation: 19166
I am not a realtor (and I don't play one on TV) but they didn't send you an earnest money check obviously. Seems to me they would be well past performing on that. Not in the contract?
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Old 04-11-2021, 08:46 AM
 
Location: Phoenix, AZ
6,320 posts, read 4,793,919 times
Reputation: 17918
Quote:
Originally Posted by tbrooke1296 View Post
our realtor is now meeting with his legal team to "mitigate our liability"
DO NOT TRUST YOUR REALTOR TO GET YOU OUT FROM UNDER THIS.

Yes, I am shouting. Do you hear me?

Your realtor does not want to lose the commission. Get it?

Do not accept anything your realtor tells you. Do not agree to anything. Do not sign anything else. Do not get into any conversation about it except to say "no contract" and keep on saying it.

If push comes to shove, get yourself a lawyer.
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Old 04-11-2021, 09:04 AM
Status: "Made the Retirement Run in under 12 parsecs!!!" (set 5 days ago)
 
Location: Cary, NC
43,081 posts, read 76,631,641 times
Reputation: 45397
Quote:
Originally Posted by adjusterjack View Post
DO NOT TRUST YOUR REALTOR TO GET YOU OUT FROM UNDER THIS.

Yes, I am shouting. Do you hear me?

Your realtor does not want to lose the commission. Get it?

Do not accept anything your realtor tells you. Do not agree to anything. Do not sign anything else. Do not get into any conversation about it except to say "no contract" and keep on saying it.

If push comes to shove, get yourself a lawyer.
LOLOL

Liability > Commission in a real estate firm. CYA rules!
The agent (or management) appears to be trying to cover his arse.

So... the amateur legal advice of "...Don't sign anything..." trumps "...push comes to shove..."????
I think it is the other way around at this point. Get counsel, and now, as many have advised.
And, clearly, the OP is in over their heads right now. Attorney time. Now, which the OP reports s/he would have done on Friday.

I have dealt with far too many people who "...won't sign anything..." because they have absolutely no clue what is going on, whether it is boilerplate or something that will resolve their issues, but who won't get legal counsel.
Often we see others haplessly absorbing vapid posts from agent haters and trolls on this forum.
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Old 04-11-2021, 09:56 AM
 
Location: Rochester, WA
14,342 posts, read 11,847,196 times
Reputation: 38552
Quote:
Originally Posted by adjusterjack View Post
Do not sign anything else. Do not get into any conversation about it except to say "no contract" and keep on saying it.

If push comes to shove, get yourself a lawyer.
What terrible, contradictory advice.

Tell me, is there a world where repeatedly saying "no contract" actually makes a contract go away?

It's not Beetlejuice.

OP needs to communicate clearly with EVERYONE. OP will have to sign some things. Push is already at shove.

I do hope we get an update!

Last edited by Diana Holbrook; 04-11-2021 at 10:04 AM..
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Old 04-11-2021, 10:02 AM
 
Location: Rochester, WA
14,342 posts, read 11,847,196 times
Reputation: 38552
Quote:
Originally Posted by Silverfall View Post
I know up in WA that cross-outs are a thing in some places as I've seen some of those contracts. I have no idea how they keep things clear with all that craziness and initials! Thankfully, we have always had a "clean" contracts real estate culture in my area so there is no confusion.

My hubby has a "clean" contracts culture, and we try to avoid a lot of crossouts and messiness also in our contracts and addendums.... but we too have had some doozies given to us. One was the recent complaint case we were involved in.
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Old 04-11-2021, 03:44 PM
 
21,722 posts, read 9,282,207 times
Reputation: 19166
Quote:
Originally Posted by Diana Holbrook View Post
What terrible, contradictory advice.

Tell me, is there a world where repeatedly saying "no contract" actually makes a contract go away?

It's not Beetlejuice.


OP needs to communicate clearly with EVERYONE. OP will have to sign some things. Push is already at shove.

I do hope we get an update!
lol
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Old 04-11-2021, 04:21 PM
 
9,891 posts, read 11,692,841 times
Reputation: 22085
OP has problems, and instead of trying to get answers on the Internet needs to immediately contact an attorney.

As the OP signed the sales contract with agreement to pay a commission, may need to pay the commission to the agencies involved even if let out of the contract. I have seen this happen more than once, including one I was involved with when the broker/seller backed out, and was ruled she owed me $43,000 in commission. I got it.

The OP may also find that they are ordered by the court to complete the sale. I have seen this happen also. And the seller had to pay both sides attorney fees.

OP quit trying to get answers on this forum. Get to a good real estate attorney (not a regular do it all attorney) as soon as possible and let them give you advice.
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