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Old 07-08-2019, 01:56 PM
 
Location: az
13,707 posts, read 7,984,033 times
Reputation: 9384

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Quote:
Originally Posted by john3232 View Post
All depends on the State in which the transaction takes place. I've dealt with two: Cal and AZ.

The number of pages in the Cal. contract was over 100 and the number of pages both the seller and I had to initial/signed were far more than I recall.

My RE agent stated in the contract the property I was selling was under the Ellis Act restrictions. However, my attorney later advised it best to add a letter spelling out those restrictions.

The inspection report along with other pertinent documents were provided to the buyers agent before the contract was signed. All papers were later initial/signed by both parties except the inspection report which showed 40 grand in repairs were needed. .

Now, I liked my agent. He brought me buyers off market and got me asking price. However it was my own due diligence which got me the docs I needed. To close the deal without the inspection report having been signed off on would have been have been a major mistake.

Why wouldn't my agent make it clear having the buyer sign off on the inspection report was important especially in this deal?

Why did I have to repeatedly ask for a copy initialed by seller?. This was all done by docusign. Takes no time to sign/return. All my agent told me was the sellers agent was waiting on the buyers to return it.

No, best to get the deal closed and both agents go home a winner.

Three months later if the seller gets sued that's his problem.

Both the buyer and I...
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Old 07-08-2019, 02:55 PM
 
45 posts, read 39,535 times
Reputation: 89
UPDATED:
The seller finally signed th release contract and take the deposit to move on. They need my signature. Now i don't know what is hidden because they already schedule mediation and their house is still on market. Oh well, i asked my agent and he said once i sign, i only lose my deposit. Nothing else. I guess they're just bluffing. I will review the form tonight to make sure there is no hidden "cost" but thank you to all of you. Your inputs helped me a lot.
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Old 07-08-2019, 03:02 PM
 
Location: Rochester, WA
14,469 posts, read 12,095,136 times
Reputation: 38980
Have you asked a lawyer whether you actually have to give back your deposit?
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Old 07-08-2019, 05:24 PM
 
45 posts, read 39,535 times
Reputation: 89
Quote:
Originally Posted by Diana Holbrook View Post
Have you asked a lawyer whether you actually have to give back your deposit?
Yes I did. He gave me many resolution but to get back my deposit is a longer process so from the beginning I decided to forfeit it. Like I said, it is the seller wants more money from me beside the deposit. so I kept fighting.
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Old 07-08-2019, 05:47 PM
 
Location: az
13,707 posts, read 7,984,033 times
Reputation: 9384
For clarification the below has been posted again:

All depends on the State in which the transaction takes place. I've dealt with two: Cal and AZ.

The number of pages in the Cal. contract was over 100 and the number of pages both the seller and I had to initial/signed were far more than I recall.

My RE agent stated in the contract the property I was selling was under the Ellis Act restrictions. However, my attorney later advised it best to add a letter spelling out those restrictions.

The inspection report along with other pertinent documents were provided to the buyers agent before the contract was signed. All papers were later initial/signed by both parties except the inspection report which showed 40 grand in repairs were needed. .

Now, I liked my agent. He brought me buyers off market and got me asking price. However it was my own due diligence which got me the docs I needed. To close the deal without the inspection report having been signed off on would have been have been a major mistake.

Why wouldn't my agent make it clear having the buyer sign off on the inspection report was important especially in this deal?

Why did I have to repeatedly ask for a copy initialed by the buyer? This was all done by docusign. Takes no time to sign/return. All my agent said was the buyers agent was waiting on his client to return it.

No, best to get the deal closed and both agents go home a winner.

Three months later if the seller gets sued that's his problem.
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Old 07-08-2019, 05:52 PM
 
Location: az
13,707 posts, read 7,984,033 times
Reputation: 9384
Quote:
Originally Posted by 1stxhomebuyer View Post
Yes I did. He gave me many resolution but to get back my deposit is a longer process so from the beginning I decided to forfeit it. Like I said, it is the seller wants more money from me beside the deposit. so I kept fighting.
If you had already spoken with an attorney and decided to forfeit your deposit why the mediation hearing?
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Old 07-08-2019, 05:57 PM
 
Location: Lone Mountain Las Vegas NV
18,058 posts, read 10,341,981 times
Reputation: 8828
Quote:
Originally Posted by john3232 View Post
For clarification the below has been posted again:

All depends on the State in which the transaction takes place. I've dealt with two: Cal and AZ.

The number of pages in the Cal. contract was over 100 and the number of pages both the seller and I had to initial/signed were far more than I recall.

My RE agent stated in the contract the property I was selling was under the Ellis Act restrictions. However, my attorney later advised it best to add a letter spelling out those restrictions.

The inspection report along with other pertinent documents were provided to the buyers agent before the contract was signed. All papers were later initial/signed by both parties except the inspection report which showed 40 grand in repairs were needed. .

Now, I liked my agent. He brought me buyers off market and got me asking price. However it was my own due diligence which got me the docs I needed. To close the deal without the inspection report having been signed off on would have been have been a major mistake.

Why wouldn't my agent make it clear having the buyer sign off on the inspection report was important especially in this deal?

Why did I have to repeatedly ask for a copy initialed by the buyer? This was all done by docusign. Takes no time to sign/return. All my agent said was the buyers agent was waiting on his client to return it.

No, best to get the deal closed and both agents go home a winner.

Three months later if the seller gets sued that's his problem.
Please. The CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS is 8 pages and the attached BUYER'S INSPECTION ADVISORY is 2 pages. It actually is smaller than the NV one though very similar.

YOu can get one at...

https://www.fillanypdf.com/Download/..._agreement.pdf
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Old 07-08-2019, 06:14 PM
 
45 posts, read 39,535 times
Reputation: 89
Quote:
Originally Posted by john3232 View Post
If you had already spoken with an attorney and decided to forfeit your deposit why the mediation hearing?
The seller wants more than deposit. I refused. So they want us to go to a mediation. But if we sign this release form. It will be also canceled
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Old 07-08-2019, 06:22 PM
 
Location: in a parallel universe
2,648 posts, read 2,314,747 times
Reputation: 5894
Quote:
Originally Posted by 1stxhomebuyer View Post
The seller wants more than deposit. I refused. So they want us to go to a mediation. But if we sign this release form. It will be also canceled
Did you get that in writing?
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Old 07-08-2019, 06:32 PM
 
403 posts, read 272,876 times
Reputation: 570
Quote:
Originally Posted by 1stxhomebuyer View Post
The seller wants more than deposit. I refused. So they want us to go to a mediation. But if we sign this release form. It will be also canceled
You forfeited your earnest money over a drywall repair?
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