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  #1  
Old 01-13-2009, 03:52 PM
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Seller gets another contract after buyer accepts counter


Virginia.

We're buyers and our agent is working with the selling agent to clarify wording on the agreement after we accepted the seller's counter. The selling agent just informed us that another offer was received and we need to submit a best/final. Can this be right?
  #2  
Old 01-13-2009, 04:59 PM
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Unfortunately...if the changes you are talking about involve changing anything in the contract then essentially you do not have a binding contract until all changes are made and signed by both parties.

I am thinking that is why you are being told to submit a final/best offer.Note the use of the word offer. I am thinking that is what was said,That is because it is not binding if ANY changes were made to the agreement as presented when originally signed..

You need to get this done ASAP. Good luck.

Also...if there is a physical change (rewriting etc) made to the contract, it is no longer binding, and as such the seller is free to accept any other acceptable offer.
  #3  
Old 01-13-2009, 05:15 PM
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Quote:
=txmcas;2144456]

We're buyers and our agent is working with the selling agent to clarify wording on the agreement after we accepted the seller's counter.
Either you accepted the offer or you didn't. It sounds like you didn't and as such, the seller can accept another offer.

If they already accepted the other offer, you are out of the picture. Obviously, they have not since they are still allowing you to make an offer.

One thing you may be able to do;

if those clarifications are not of great concern (you would be willing to not seek the clarifications) AND the time limit to accept the counter off has not expired, you can now accept the counter as written. Maybe a bit sneaky but legit.
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  #4  
Old 01-13-2009, 07:31 PM
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Quote:
Originally Posted by txmcas View Post
Virginia.

We're buyers and our agent is working with the selling agent to clarify wording on the agreement after we accepted the seller's counter. The selling agent just informed us that another offer was received and we need to submit a best/final. Can this be right?

It is not an agreement until both the buyer and seller have signed and initialed any changes. You say that "your agent is working with the selling agent to clarify wording" which leads me to believe that the agreement has not been signed by both parties.

Another agreement is on the the table and the seller is offering you a chance to come up with your best offer. Sounds right to me.
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  #5  
Old 01-14-2009, 11:31 AM
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Quote:
Originally Posted by txmcas View Post
Virginia.

We're buyers and our agent is working with the selling agent to clarify wording on the agreement after we accepted the seller's counter. The selling agent just informed us that another offer was received and we need to submit a best/final. Can this be right?
**A: yes it can be if there was no acceptance of the contract being the Seller's acceptance of your agreement of the Seller's counter offer.
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