Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Buying & Selling a Home

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 04-22-2002, 10:28 AM
rizzo1964
Guest
 
Posts: n/a

realtor wrote poor contract, need advice


When 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.
  #2  
Old 04-22-2002, 10:41 AM
rizzo1964
Guest
 
Posts: n/a
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?
  #3  
Old 04-22-2002, 01:02 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
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.
  #4  
Old 04-27-2002, 09:11 PM
rizzo1964
Guest
 
Posts: n/a
We found a house. Problem solved
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 07:32 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.