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Sounds like the buyer is in default of the terms of the contract
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I don't get that sense at all. The buyer IS in terms of the contract, it's just that it's not a contract until it's executed. The seller didn't sign for a certain period of time until she received the paperwork showing the buyers capability of actually getting a loan. It was then that she signed which made it executed. From that time period is when the time periods start. The buyer, from what I understand is still within the terms/datelines of the contract.
As far as the inspections are concerned, I'm assuming that as most contracts state, that there is a time line for those things. And requests have to be done in writing...otherwise, no cigar.
No, the Realtor® can not and should not release any information to you or anyone else except a title company or attorney, unless the buyer, in writing, expressing an ok.
As far as the home inspection report and requests for repairs or money off the price to cover those repairs, that should be all covered in your contract. With regards to that, if you are confused, then you should consult your attorney that is handling the escrow. I'm assuming it's your attorney that is holding the escrow. The contract controls everything.
Absolutely! The buyer's agent cannot legally give out their contact information (or certain other confidential information, or any information the buyer has instructed them in writing not to disclose) without express written permission from the buyer, their client, to do so. Even if the seller does want it.
And the contract does rule everything. The inspection and repairs are covered in it; you can't just decide that you want the buyer to sign something other than the contract releasing you from responsibility. There really are rules and regulations and laws governing real estate transactions, and even FSBO's have to abide by a lot of them.
Your attorney should be able to explain all of this to you. He will, of course, charge you for working for you, not being in the business of giving away his work product, as you yourself no doubt are not.
Absolutely! The buyer's agent cannot legally give out their contact information (or certain other confidential information, or any information the buyer has instructed them in writing not to disclose) without express written permission from the buyer, their client, to do so. Even if the seller does want it.
And the contract does rule everything. The inspection and repairs are covered in it; you can't just decide that you want the buyer to sign something other than the contract releasing you from responsibility. There really are rules and regulations and laws governing real estate transactions, and even FSBO's have to abide by a lot of them.
Your attorney should be able to explain all of this to you. He will, of course, charge you for working for you, not being in the business of giving away his work product, as you yourself no doubt are not.
Well that explains why the agent can say and do anything she wants. There is no way I can find out if anything the agent is saying is true if I can't talk to the buyer. That's just too funny! Another profession that has a license to steal, huh? Shameful, no wonder the profession is a breeding ground for unethical people.
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I don't get that sense at all. The buyer IS in terms of the contract, it's just that it's not a contract until it's executed. The seller didn't sign for a certain period of time until she received the paperwork showing the buyers capability of actually getting a loan. It was then that she signed which made it executed. From that time period is when the time periods start. The buyer, from what I understand is still within the terms/datelines of the contract.
I agree Palm. I reacted to the vent about earnest money, not grasping that this sharp cookie of a seller did not sign off on the contract until the buyer was pre-approved ....pushing the due date ......
Well that explains why the agent can say and do anything she wants. There is no way I can find out if anything the agent is saying is true if I can't talk to the buyer. That's just too funny! Another profession that has a license to steal, huh? Shameful, no wonder the profession is a breeding ground for unethical people.
If you'll go back and read, that's not what I said. I said that there is information that the agent cannot legally give out without permission, in writing, from their client, the buyer. That's a far cry from being able to do and say anything she wants and I'm not quite sure how you managed to get that from it.
I also said that the contract rules, and that doesn't say that the agent can do and say anything she wants. The agent is much more constricted than you are, say, in what she can say and do legally, but you (and the buyers) are constricted by what the contract says.
I am selling my house myself and I am not at all comfortable with the real estate agent for the Buyer. Our conversations are getting heated.
I want to refuse to work with this agent and deal with the homeowner directly. Can't this be done?
If you haven't been informed that all communication & negotiation is to be hand;ed through the agent, then what is there to stop you from trying. NOw, the buyer has apparently hired this agent, and agrteed to pay them for their representation. So what reason would the buyer have to not avail themselves of the representation they are paying for? Becasue the seller thinks he can better take advantage of the buyer if the agent is out of the way? Seems a silly proposition to me.
Can you clarify this escrow & contract issue? You said somewhere in there that you ae not signing the contract until you have all the escrow money. (And when you say YOU have it, I assume you mean the third party, your attorney, because here in NJ there is NO WAY the seller would EVER get the escrow money before the deal is CLOSED) But the buyers agent says you will get the money two weeks after the contract is signed. That sounds contradictory to me. A signed contract, unless there is a specific agrteement to the contrary, means signed by all principals. Until you sign off on it, it's just an offer, and you aren't getting any more escrow money into the attorneys account.
Someone else suggested you sit & discuss this entire situation with your attorney. I have to second that. And do it soon, before you or your buyer, who both seem to want to proceed with this sale, grow frustrated enough to walk away from it.
This agent persuaded the seller to take her house off the market ,despite that the buyers were not pre-approved, needed more time to pull the earnest money out of their 401K and honked around with the home inspection. It sounds like she hit a home run on behalf of her clients.
In otherwords, ( lets be positive and assume this gets to the closing table) this agent got her clients the house they wanted, despite that her clients, "nice people", were not adequately prepared to make an offer.
And then this agent had the nerve to recommend herclients use a proven home inspector as opposed to picking one out of the Yellow Pages, to inspect the house and then negotiated on her client's behalf, for repairs/correction of inspection issues.
Had the OP had her own agent, it is less likely that persuasion could have compelled the house to be taken off the market while the "nice buyers" got their act together, as it relates to getting pre-approved. It will not matter in the long run, if this transaction closes.
Thus far OP is holding her own and venting. It is my sincerest hope that the OP is not penny wise/dollar foolish and seeks legal counsel. She needs another pair of eyes on this transaction, working in her best interests.
This agent persuaded the seller to take her house off the market ,despite that the buyers were not pre-approved, needed more time to pull the earnest money out of their 401K and honked around with the home inspection. It sounds like she hit a home run on behalf of her clients.
In otherwords, ( lets be positive and assume this gets to the closing table) this agent got her clients the house they wanted, despite that her clients, "nice people", were not adequately prepared to make an offer.
And then this agent had the nerve to recommend herclients use a proven home inspector as opposed to picking one out of the Yellow Pages, to inspect the house and then negotiated on her client's behalf, for repairs/correction of inspection issues.
Had the OP had her own agent, it is less likely that persuasion could have compelled the house to be taken off the market while the "nice buyers" got their act together, as it relates to getting pre-approved. It will not matter in the long run, if this transaction closes.
Thus far OP is holding her own and venting. It is my sincerest hope that the OP is not penny wise/dollar foolish and seeks legal counsel. She needs another pair of eyes on this transaction, working in her best interests.
I'll put a call into my attorney but I know the attorney isn't going to drop everything to read my contract and as I read it the buyer has to get the rest of the earnest money by tomorrow. I have emailed and called the realtor that I want her to call me when she has earnest money in hand ready to deliver to escrow attorney, she's not returning so far. Appraisal is on Wednesday and that will most likely be the only thing that will run smoothly in this transaction. I sure can't wait to be done with this. Thanks for you support and help. More problems to attend to ... my website has been hijacked!!!
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