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  #1  
Old 06-02-2005, 06:57 PM
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Join Date: Jun 2005
Posts: 1

Incomplete offer presented


What is the name of your state? Texas

Our agent faxed our offer to the other agent who, in turn, presented it to the sellers. The offer was accepted, signed and faxed back to our agent. He notified us that the offer was accepted. He later noticed that the addendum referencing the contingency provision was not among the pages returned. He then contacted that agent who claimed neither to have received nor presented the offer with the contingency. The sellers will not now accept a contingency. Our agent claims to have sent it. The other agent is adament that he did not. Roughly two weeks have passed and we still do not have "agreement" eventhough we have signed documents sans the addendum.

Do we have a deal? Do we have recourse against either agent? What do we do? Please advise.
  #2  
Old 06-02-2005, 11:12 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by Jenduffy
What is the name of your state? Texas

Our agent faxed our offer to the other agent who, in turn, presented it to the sellers. The offer was accepted, signed and faxed back to our agent. He notified us that the offer was accepted. He later noticed that the addendum referencing the contingency provision was not among the pages returned. He then contacted that agent who claimed neither to have received nor presented the offer with the contingency. The sellers will not now accept a contingency. Our agent claims to have sent it. The other agent is adament that he did not. Roughly two weeks have passed and we still do not have "agreement" eventhough we have signed documents sans the addendum.

Do we have a deal? Do we have recourse against either agent? What do we do? Please advise.
**A: no deal**************.
  #3  
Old 06-03-2005, 01:28 AM
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Join Date: Feb 2005
Location: Wichita, Kansas
Posts: 511
Question::::::

Most important question...

Did the purchase contract reference "state in writing" the contingency addendum being "added" to the contract?????


If it did....I would bet you have a leg to stand on......

When did you agent notice the addendum was not included with the acceptance????

Why didn't your agent immediately call the other agent about the missing addendum???

YOUR AGENT SCREWED UP!!!! TWO WEEKS???? FIRED!!!!!

Can your agent prove that he sent/delivered the addendum?

You might want to hire a Real Estate Lawyer**************the Seller has a signed agreement**************and could pursue litigation and possibly have reasons to keep any earnest/deposit money.
  #4  
Old 06-05-2005, 10:35 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Where is the writer?
  #5  
Old 06-07-2005, 09:43 PM
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Join Date: Feb 2005
Location: Wichita, Kansas
Posts: 511
I am starting to get educated about responding in 4 words or less like you do HG**************.all this work and brain power wasted on my reply and questions......and the poster "Casper'd" on us......
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