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I have recently made an offer on a home in TN. The seller has been late on every deadline stated in the purchase agreement. Seller accepted the offer after the specified deadline, responded to the home inspection items after the deadline and now has provided the required termite inspection only after my repeated requests and again it was after the deadline. We also have no signed agreement on buyer contingencies being released. Under these conditions, am I able to terminate my offer and be reimbursed my earnest money? I am willing to walk away from this, even lose my earnest money as long as I am not able to be sued.
You need an attorney for this one. Whatever it says in your contract is what you do. You sound like an unrepresented buyer purchasing a FSBO, so I would consult with an attorney.
Yes, this is a FSBO. I am in Miami, FL but I do have a local TN real estate attorney representing me. The problem is that my attorney now informs me that because it is such a small town, he will not represent me in trying to withdraw from the offer of purchase. He is concerned that by doing so he will somehow damage his reputation for future dealings with the locals. Although, he does advise me that I have cause to withdraw. Can I go to a FL real estate attorney for advice? Or am I stuck trying to find a TN real estate attorney?
Real estate laws are local. If the house you are purchasing is in TN, then you need a TN attorney.
So the attorney you hired to represent your best interest, is now saying that he won't represent your best interest? He states that you do have cause, but won't help you?
I think I would talk with the Bar association about that one.
So an unrepresented seller is buying a FSBO in Miami and having issues. Austin Willy, we need your help. What do you say?
A TN attorney cannot help you with this. You need someone local. Attorneys are not a subsitute for a good Realtor. I suggest if you get out of this one hiring a local Realtor to help you.
So an unrepresented seller is buying a FSBO in Miami and having issues. Austin Willy, we need your help. What do you say?
A TN attorney cannot help you with this. You need someone local. Attorneys are not a subsitute for a good Realtor. I suggest if you get out of this one hiring a local Realtor to help you.
BH, I think you are confused about this in more ways than one.
I agree with Silverfall that this needs to be addressed by a TN attorney. You raise several possible "outs" that you might have, but it really is a matter of carefully reviewing the contract in light of local laws.
As for your current attorney, I would also encourage you to talk to the state bar if you feel that your attorney's actions were inappropriate. However, I will say that it is not that unusual for an attorney to agree to represent you in a transaction that is not contentious, but then not be willing to represent you if that transaction turns litigious.
The typical reason for this is that the attorney has a relationship conflict in that (s)he may have represented the seller, or family members of the seller, in other transactions in the past. Under TX bar rules (I don't know TN rules) this relationship alone would not preclude him from representing you against his former client in a separate matter, but it would explain why your attorney does not want to enter into litigation against the seller.
Our firm has done it on occassion, but always with the up front disclosure to both the former and the new client in writing. It was bad form, and perhaps an ethics violation, for your attorney to not tell you this before you hired him.
You do need an attorney. And a Tennessee one. You have contract breaches but they have also been cured. Is some particular cured breach a reason for cancellation? Ask a Tenn Lawyer. And you may have to go off to the big city...there are lots of ocassions when no lawyer in a small town will take a particular matter.
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