seller doesn't want to sell

[pumpy]

What is the name of your state?Fl
My Husband and I found a house ,made a offer with $10,000 cash back for repairs,(no c/a/h ,bathroom not finished ,no kitchen,etc) .The seller countered offer with no change to the cash back,So we proceeded gave our deposit to the title company,my real estate agent mentioned the cash back to the sellers agent and they have said that they had not seen that.Now the sellers agent has said that the seller is not going to sign,he has token another offer,he has called the title company to send back our deposit(which the title company said they wont do that) they have tried to say anything they can to make us back out of the contract,they are still on the mls not saying there is a pending sale ,and we are willing to negotiate but they will not,my real estate agent recommends to consult with a attorney, what are my rights, will I lose my deposit if I back out,but then again I really want this house.

Originally Posted by pumpy

What is the name of your state?Fl
My Husband and I found a house ,made a offer with $10,000 cash back for repairs,(no c/a/h ,bathroom not finished ,no kitchen,etc) .The seller countered offer with no change to the cash back,So we proceeded gave our deposit to the title company,my real estate agent mentioned the cash back to the sellers agent and they have said that they had not seen that.Now the sellers agent has said that the seller is not going to sign,he has token another offer,he has called the title company to send back our deposit(which the title company said they wont do that) they have tried to say anything they can to make us back out of the contract,they are still on the mls not saying there is a pending sale ,and we are willing to negotiate but they will not,my real estate agent recommends to consult with a attorney, what are my rights, will I lose my deposit if I back out,but then again I really want this house.

You do not have a contract thus they do not have to sell. However, if the seller wants the title company to give you back your deposit, they must do that.

[PghREA]

Originally Posted by pumpy

What is the name of your state?Fl
My Husband and I found a house ,made a offer with $10,000 cash back for repairs,(no c/a/h ,bathroom not finished ,no kitchen,etc) .The seller countered offer with no change to the cash back,So we proceeded gave our deposit to the title company,my real estate agent mentioned the cash back to the sellers agent and they have said that they had not seen that.Now the sellers agent has said that the seller is not going to sign,he has token another offer,he has called the title company to send back our deposit(which the title company said they wont do that) they have tried to say anything they can to make us back out of the contract,they are still on the mls not saying there is a pending sale ,and we are willing to negotiate but they will not,my real estate agent recommends to consult with a attorney, what are my rights, will I lose my deposit if I back out,but then again I really want this house.

The above paragraph is hard to read. You made an offer which included 10K cash back at closing. The seller countered with no changes to the cash back.
Your agent told the Seller's agent about the cash back and the Seller's agent said she and the seller's did not see it. Was the cash back information included in the contract or in an addendum submitted with the contract?

How could they not see it if it was written and submitted with the contract?

"Now the seller is not going to sign" which means that you DO NOT have a contract. Both the seller and buyer must sign in order to have a contract.

"He has taken another offer" which he can do as long as he has not signed one with you.

If you do not have a contract, the title company will return your deposit. However, both you and the seller will need to sign a release form.

[pumpy]

yes I do have a contract with him signed by both parties. We also submitted my commitment to loan with the signed contract .My real esate agent had said that it is illigal to sale a home that has a contract on it ,but the sellers agent has said that he ,the seller will not sign at the closing. And the $10000. back at closing was on the contract and he initial almost right underneath it.

Originally Posted by pumpy

yes I do have a contract with him signed by both parties. We also submitted my commitment to loan with the signed contract .My real esate agent had said that it is illigal to sale a home that has a contract on it ,but the sellers agent has said that he ,the seller will not sign at the closing. And the $10000. back at closing was on the contract and he initial almost right underneath it.

You've got us confused.

Start all over and state the facts clearly in chronological order.

[pumpy]

alright ,sorry if I confused everybody ,so here it goes.My husband and I submitted a contract to a sellers agent about a home. The contract clearly stated the price and at closing the seller will credit buyer $10000. for repairs. They signed and intial where they were supposed to ,and we did to .The next day we faxed are loan commitment and dropped our deposit of at the title company,my real estate agent had called the sellers agent and had mentioned the $10000. credit back at closing ,he basically said that they did see it and from that day on they have been saying anything they can to back out of this contract examples- Sellers agent said the had another offer they were going to take, they were not going to sign at closing,they found loopholes in the contract,the title company is going to send our deposit back and so on.My agent requested them to make a offer in a adundum because we will not do another contract. As of right now they are not calling and not cooperating with anything we request - sellers disclosure ,apprasial.If this continues onward in the pattern that it is should I back out or consult with a attorney

[jnazareno]

Originally Posted by pumpy

alright ,sorry if I confused everybody ,so here it goes.My husband and I submitted a contract to a sellers agent about a home. The contract clearly stated the price and at closing the seller will credit buyer $10000. for repairs. They signed and intial where they were supposed to ,and we did to .The next day we faxed are loan commitment and dropped our deposit of at the title company,my real estate agent had called the sellers agent and had mentioned the $10000. credit back at closing ,he basically said that they did see it and from that day on they have been saying anything they can to back out of this contract examples- Sellers agent said the had another offer they were going to take, they were not going to sign at closing,they found loopholes in the contract,the title company is going to send our deposit back and so on.My agent requested them to make a offer in a adundum because we will not do another contract. As of right now they are not calling and not cooperating with anything we request - sellers disclosure ,apprasial.If this continues onward in the pattern that it is should I back out or consult with a attorney

Florida should really change the Contract forms...it's short and
not as detail oriented as here in CA. I wouldnt be suprsed if
many loopholes are found throughout the forms