Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Friend is making a lot of effort to buy a property and has lost out on several bids. Recently put in an offer where the property had only been listed a few hours. Seller liked all terms and just wanted to choose the title company. (Realtor really pushed for her title company but my friend was savvy enough to research the company the sellers wanted and they had a great reputation. Why do some agents care which title company you use? But I digress. )
Friend signed a docusign contract and got an email notification that it had been signed by all parties. She tried to open it later that day and got an error message that the document was unavailable. She called her agent. Agent reports back that sellers have another offer and now want last and best.
Is it possible that the sellers somehow signed the contract and pulled it back electronically when they got wind of a second offer? Or is it possible that the automated message was sent in error?
I use docusign a modest amount and I do think that the author of the document can do something like this. He/she can manage the envelope and how it gets passed around, etc.
Your first question: sometimes agents will want to use a particular title company if that's where the sellers closed when they purchased. If the title search was recent enough it can be updated rather than a new search. It will save the sellers a few dollars as in my state the seller pays for the buyers' title insurance.
Your first question: sometimes agents will want to use a particular title company if that's where the sellers closed when they purchased. If the title search was recent enough it can be updated rather than a new search. It will save the sellers a few dollars as in my state the seller pays for the buyers' title insurance.
Nope nothing like this. I know this agent and recommended her. She always makes a big deal of pushing a specific title company.
On our recent purchase we would sometimes get notifications that the document had been signed by all parties, when it was really just our side being completed. It depends on how they had it setup and marked for signatures. And if both parties are using the same electronic document signing system, or different. For example we might be using Authentisign, while the sellers are using Docusign. The document may need to be marked for signature locations and signed by one party, then forwarded to the other party so they can mark signature locations and sign in their system.
I just looked up this email. Says it's complete by all parties, but if you download the particular document it's only signed by me, my wife, our agent, and sellers agent. Wasn't the fully executed document signed by all parties.
On our recent purchase we would sometimes get notifications that the document had been signed by all parties, when it was really just our side being completed. It depends on how they had it setup and marked for signatures. And if both parties are using the same electronic document signing system, or different. For example we might be using Authentisign, while the sellers are using Docusign. The document may need to be marked for signature locations and signed by one party, then forwarded to the other party so they can mark signature locations and sign in their system.
I just looked up this email. Says it's complete by all parties, but if you download the particular document it's only signed by me, my wife, our agent, and sellers agent. Wasn't the fully executed document signed by all parties.
Thanks! Must be the way certain people set it up as we just closed on a place remotely and my only Docusign emails that say everyone signed really meant that everyone signed.
Long story short is she lost another place and is frustrated. She's looking at rural properties that are flying off the shelf. This last one would have sat for months this time last year. Its just such low inventory that everything has lots of offers.
Agents have been known to push title companies that are not to the advantage of those paying them. Even if it is their own client. Amazing what some will do for a 25 dollar gift card...and don't get me started on the home warranty companies.
Thanks! Must be the way certain people set it up as we just closed on a place remotely and my only Docusign emails that say everyone signed really meant that everyone signed.
Long story short is she lost another place and is frustrated. She's looking at rural properties that are flying off the shelf. This last one would have sat for months this time last year. Its just such low inventory that everything has lots of offers.
I never set up a DocuSign envelope that crosses to the "other side" when my clients are done with it.
And, I always get an email that "all parties have signed" when everyone I asked to sign has done so.
If your friend's envelope was set up so both "sides" signed it and finished, it may be arguable that your friend received legitimate notification of acceptance and an executed contract.
Here is where local rules rule:
Upon notification of acceptance and signing, IN NORTH CAROLINA, it certainly would be arguable that the property was under contract, an enforceable contract, whether or not EMD or other funds were tendered.
Agents have been known to push title companies that are not to the advantage of those paying them. Even if it is their own client. Amazing what some will do for a 25 dollar gift card...and don't get me started on the home warranty companies.
I push for certain title companies because they are good at what they do and a better fit for all involved. There are some attorney's offices that I actively advise against using because they are so bad at closings. No gift cards have ever been issued or even mentioned. Maybe I'm missing out on the big money.
I never set up a DocuSign envelope that crosses to the "other side" when my clients are done with it.
And, I always get an email that "all parties have signed" when everyone I asked to sign has done so.
If your friend's envelope was set up so both "sides" signed it and finished, it may be arguable that your friend received legitimate notification of acceptance and an executed contract.
Here is where local rules rule:
Upon notification of acceptance and signing, IN NORTH CAROLINA, it certainly would be arguable that the property was under contract, an enforceable contract, whether or not EMD or other funds were tendered.
Yeah, I'd probably bluff here and tell them I had a downloaded, saved copy of the transaction and try to hold their feet to the fire so to speak.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
