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#1
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realtor wrote poor contract, need adviceWhen our agent listed our house for sale, he wrote in the contract under additional terms, "This transaction is subject to a concurrent close of escrow with sellers purchase of home of choice". This statement seemed to be clear in our intentions. We still havn't found a house and the buyers sent us a letter that said that they demand that we start escrow immedialtely, that we allow access to the property for inspections, and we continue to find a home. The letter closes with a threat of legal action from damages if we dont agree. What are the consequences of us cancelling the sale of our house? Is the wording in the counter offer clear enough to stand up to a cancellation? Last edited by rizzo1964; 04-27-2002 at 09:10 PM. |
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#2
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| A little more information on this. In the letter written by the buyers attorney. He claims the following, "The counter offer does not state that this transaction is contingent upon a concurrent close of escrow. The counter offer states that this transaction is subject to a concurrent close with sellers purchase. Subject to is not the same as contingent upon. Subject to meant that the escrow closing date of April 25 was subject to change based on the sellers ability to find and close on a new home. Everyone at the time understood was subject to meant." Is this what the laywer is hanging his hat on? Subject to versus contingent upon? |
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#3
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| You need to level the playing field and hire your own attorney. Based on what you have stated in your long post (most of the story is not relevant to the issues), your agent and broker are incompetent. |
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#4
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| We found a house. Problem solved |
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