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Old 07-28-2011, 06:39 AM
 
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question: the Home inspection has come up with items A B and C; the buyer requests those to be fixed; the seller turns around and says i will only do A and C (not B). Then the buyer says and i want the closing date to be pushed ahead by 10 days because of financing and we can do a rent situation until the initial closing date.

Question: Can the seller at any point say NO, i will not do either A B and C, if he/she has already agreed to do A and C?
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Old 07-28-2011, 06:58 AM
 
Location: Fayetteville, NC
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Yes, at the risk of breaking the contract and returning the earnest money.
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Old 07-28-2011, 07:13 AM
 
Location: Simmering in DFW
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The seller is obligated to do whatever he agreed to but is not obligated to additional terms. At any point before the final sale, of course, the contract can be voided. A voided contract can mean an adversarial legal process unless all parties agree. If all parties agree, the buyer's earnest money is returned.
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Old 07-28-2011, 07:16 AM
 
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so....is the answer yes or no to the specific question?
can the seller say (after he/she has agreed to do A and C) that she will do either?

the buyer agent keeps on insisting that in order to 'lock things in place', the papers need to be signed 'before the seller changes his/her mind'. is that possible or is that scare tactics to close a deal asap?
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Old 07-28-2011, 07:30 AM
 
Location: NJ
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It sounds like maybe these things were agreed to verbally and not written. If that is correct it would probably be a difficult fight to hold them to it.
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Old 07-28-2011, 07:42 AM
 
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Ask your attorney. You shouldnt have signed anything without hiring one.
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Old 07-28-2011, 07:47 AM
 
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Quote:
Originally Posted by Thinking-man View Post
question: the Home inspection has come up with items A B and C; the buyer requests those to be fixed; the seller turns around and says i will only do A and C (not B). Then the buyer says and i want the closing date to be pushed ahead by 10 days because of financing and we can do a rent situation until the initial closing date.

Question: Can the seller at any point say NO, i will not do either A B and C, if he/she has already agreed to do A and C?
Yes he can.
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Old 07-28-2011, 07:49 AM
 
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thanks guys.
Yes, everything has been in writing up to this point.

Manderly6, does that mean that the seller can't say he/she won't do either A B or C?
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Old 07-28-2011, 07:52 AM
 
Location: NJ
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Quote:
Originally Posted by Thinking-man View Post
thanks guys.
Yes, everything has been in writing up to this point.

Manderly6, does that mean that the seller can't say he/she won't do either A B or C?
That is really a question for an attorney. But as others have said the seller can say or do whatever they want. The question becomes what are the ramifications for those actions.
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Old 07-28-2011, 08:41 AM
 
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Quote:
Originally Posted by manderly6 View Post
That is really a question for an attorney. But as others have said the seller can say or do whatever they want. The question becomes what are the ramifications for those actions.

I agree with what manderly said here. I'm not an attorney, but was in a selling situation that we ended up backing out of for personal reasons that came up after accepting an offer, prior to contract. It was explained to me as a seller, they pretty much can't force you to sell your house. They technically can try and enforce a contract, but its very costly to do so and courts arren't really in too much favor of forcing people out of their home...

my guess in your situation, if they still wnat to sell, and you have it in writing you can get whatever conditions they've agreed to from them, as for moving things up, can can ask, insist, plead, you may get it, you may not.
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