10-29-2009, 01:06 AM
1 posts, read
6,638 times
Reputation: 11
I am currently purchasing a home in Texas and I've had the inspection done which for the most part was pretty clean. The next thing to do is have the property appraised which I am worried about due to the falling market values. I was reassured by the sellers agent that the property will price out and not to be worried. My concern is that I've spent all this money and have questioned a few times if the seller is using me to get all of this information and then is planning to back out because they know the house actually will not price out. If this happens would I be entitled to reimbursement of all the money I lost (inspection & appraisal= over $800)? Read more: [url]//www.city-data.com/forum/tucson/319594-can-seller-cancel-real-estate-contract.html#ixzz0VJ28StPv[/url]
10-29-2009, 08:01 AM
Location: Oro Valley AZ.
1,024 posts, read
2,746,607 times
Reputation: 1196
You might want to post this on a Texas site since that is where the home is being purchased, real estate law varies from state to state. I did notice you mentioned "the sellers agent" has reassured you etc. What about "your" agent? That should be the person you're talking to and should have educated you on the comps in the area before making an offer. Even still, appraisal can get pretty flaky nowadays. With all the new regualtions many have left the business leaving less experienced ones doing appraisals. As a general rule, contracts are contingent upon the inspection and appraisal and those fees are not refundable. But just because an appraisal comes in low doesn't mean the deal can't be done. Assuming you have an experienced agent, they can verse you on your options if the appraisal comes in low.
11-01-2009, 09:54 PM
2 posts, read
7,789 times
Reputation: 11
My sales contract is missing two initials, and I would like to know if I have an executed contract. Reason is I want to cancel it but the buyers realtor is saying they will sue me for specific performance. Also does anyone know how long that will take and will the judge hold up a contract that is missing two initials?
11-01-2009, 09:58 PM
Location: Metro Phoenix, AZ USA
17,914 posts, read
43,394,564 times
Reputation: 10726
Quote:
Originally Posted by
strezzedout00
My sales contract is missing two initials, and I would like to know if I have an executed contract. Reason is I want to cancel it but the buyers realtor is saying they will sue me for specific performance. Also does anyone know how long that will take and will the judge hold up a contract that is missing two initials?
I don't know what state you are in, but courts are busy everywhere, so it could take quite a while. Could the contract be upheld? If you and the buyer actually SIGNED it (never mind the initials-- whose are they, anyway, yours or the buyers?) I think the odds are better than even that the contract is valid.
11-01-2009, 10:50 PM
Location: Oro Valley AZ.
1,024 posts, read
2,746,607 times
Reputation: 1196
Quote:
Originally Posted by
strezzedout00
My sales contract is missing two initials, and I would like to know if I have an executed contract. Reason is I want to cancel it but the buyers realtor is saying they will sue me for specific performance. Also does anyone know how long that will take and will the judge hold up a contract that is missing two initials?
Who's intitials are missing, yours or the buyers? The initials are just an acknowledgement that the items on that page/section were gone over and discussed and that one understands what's in that page/section. The contract is signed on the last page.
05-11-2010, 08:34 AM
1 posts, read
6,099 times
Reputation: 10
is the same true for house rental agreements? what if landlord and tenant sign lease and refundable first month's rent and refundable pet deposit are paid together a line 69 "other fee" in the standard arizona lease specified as "last month pre-paid rent paid voluntarily by tenant" then a few days before the lease is to begin and tenant is to take occupancy, the tenant finds out they can't move in. Is the tenant entitled to a full refund of all deposits? If not, what damages is the landlord entitled to - assuming they can rent the property to someone else within a week or two?
05-11-2010, 11:46 PM
Location: West of the Catalinas East of the Tortolitas
4,922 posts, read
8,568,915 times
Reputation: 8044
I sold my house in CO in seven days for asking price, so I felt really fortunate. It passed the buyer's radon test, and the only thing the buyers asked me to do from the inspection was have the chimney cleaned. That'll be taken off on the payout at closing. I put in new carpet and had the windows washed and the house professionally cleaned after I moved all the furniture out, but I really didn't put much money in to it at all and I recouped it all on the sale price.
05-14-2010, 09:00 PM
95 posts, read
300,393 times
Reputation: 126
I wouldn't worry to much about the buyer as I would about both Real Estate Agents. They tend to get a bit prissy about these things and even if the buyer decides to let you off the agents will still want their commission. Not like they did anything to earn it, Aluminum siding salesmen
05-16-2010, 12:02 PM
1 posts, read
6,043 times
Reputation: 11
I am buyin a house in Prescott and have accepted an offer from a seller. We are ready to close the deal in 3days we have changed our mind we feel we are over paying for the house. I was wondering if Arizona law allows a buyer to cancel a purchase contract after signing it.
Last edited by zozrek; 05-16-2010 at 12:13 PM ..
Reason: heading
05-16-2010, 01:41 PM
Location: Oro Valley AZ.
1,024 posts, read
2,746,607 times
Reputation: 1196
Quote:
Originally Posted by
zozrek
I am buyin a house in Prescott and have accepted an offer from a seller. We are ready to close the deal in 3days we have changed our mind we feel we are over paying for the house. I was wondering if Arizona law allows a buyer to cancel a purchase contract after signing it.
Without knowing all the specifics it is hard to be certain. But in general, if you are only three days from closing
I would assume all of the contingencies have been fulfilled and signed off on by both buyer and seller. ( Home Inspections, Termite Inspection, Roof Inspection, Loan being funded if you are financing etc.) and the seller has lived up to their contractual obligation. If that is the case, you would lose your earnest money deposit. Why you are cancelling will be a moot point.
Last edited by RickTucsonHomes; 05-16-2010 at 02:07 PM ..
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House heating fuel used in houses and condos - Electricity (%)
House heating fuel used in houses and condos - Fuel oil, kerosene, etc. (%)
House heating fuel used in houses and condos - Coal or coke (%)
House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)
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