seller trapped

What is the name of your state? What is the name of your state? NY
PartI- Listed house with real estate agent with whom I signed contract for exclusive listing and commision rate. Did not sign disclosure regarding real estate agency. Found out when I got the contract that the buyer was represented by the same broker. The agent also provided the buyer with my personal information and my phone number, the buyer has called me to pressure to close. Do I have grounds to file a complaint against the agent and her brokerage?

PartII- Buyer sent my lawyer a first contract, which I signed. They then sent my lawyer a second contract with a LLC listed as purchaser supposedly because the purchaser had bad credit. I told my lawyer I did not want to proceed with the contract please terminate it. My lawyer said ok, than called me weeks later to say I had to close because buyer got commitment letter on first contract. Did I, or did I not have the right to terminate the contract when they changed it? If I did what can I do now? If not does the real estate agent's conduct and my lawyer's conduct give me grounds to cancel or stall sale? If not can I sue them both?

[PghREA]

What is the real reason you don't want to sell your home to this buyer?

I do not want to sell to the buyer because the price in the contract is substantially below market. My realtor listed the price below market and the only person presented to me interested in buying made an offer substantially below that. The realtor knew that I was in a distressing personal situation and informed the buyer of this. The situation which was forcing the sale was also resolved.

I also simply do not like the way all parties behaved in this matter, I believe they were unethical.

[PghREA]

Originally Posted by ybsd

What is the name of your state? What is the name of your state? NY
PartI- Listed house with real estate agent with whom I signed contract for exclusive listing and commision rate. Did not sign disclosure regarding real estate agency. Found out when I got the contract that the buyer was represented by the same broker. The agent also provided the buyer with my personal information and my phone number, the buyer has called me to pressure to close. Do I have grounds to file a complaint against the agent and her brokerage?

PartII- Buyer sent my lawyer a first contract, which I signed. They then sent my lawyer a second contract with a LLC listed as purchaser supposedly because the purchaser had bad credit. I told my lawyer I did not want to proceed with the contract please terminate it. My lawyer said ok, than called me weeks later to say I had to close because buyer got commitment letter on first contract. Did I, or did I not have the right to terminate the contract when they changed it? If I did what can I do now? If not does the real estate agent's conduct and my lawyer's conduct give me grounds to cancel or stall sale? If not can I sue them both?

So, the buyer and your lawyer are saying that the first contract is in force.
Check the dates in the original contract, there should be a mortgage commitment date and a closing (settlement) date. If the settlement date has passed and you and the buyer did not extend the closing date, than the contract is void. Did you sign the second contract?

In PA, both the buyer and seller sign the agency disclosure form but, it is not part of the sales agreement.

Thanks for the info. No I did not sign the second contract and the closing date on the first has long passed. My lawyer informed me that the buyer got the mortgage commitment letter in on the first contract within the time required on that contract and therefore I "must" close or risk being sued. I have not had any agreement with the purchaser to extend the closing date on the first. But, everytime I tell my lawyer to send the purchaser's money back and kill the deal he tells me it is not a good idea because I risk being sued for specific performance. Hence my hunt for more information.

A friend looked at my contract and pointed out that there were handwritten changes to the first contract that were not initialed by myself or the purchaser, and that this should be enough to make the contract unenforcable, are they correct? I need to act soon but I do not want to act prematurely.
Thanks in advance!

[PghREA]

Who is your lawyer working for? If the closing date in the contract has passed and you did not extend the date then, the contract is void. You might want to seek the advice of another lawyer.

Thanks a heap for the information. I have been asking myself the same question. I have twice requested that this lawyer return the purchaser's deposit once over the phone and once in writing. He repeatedly tells me I am going to get sued. I have consulted other lawyer's, they tell me to tell my lawyer to send the deposit back and have nothing more to say, none of them have given me as much information as you have. Where is a good lawyer when you need one? Helloooooo calling "good honest" lawyers are you out there?

I signed a contract for sale of my home on Oct 15th. The contract said closing should occur on or about that date. My attorney recieved correspondence from purchaser indicating they wanted to schedule closing on November 15th. My attorney (loose definition) decided to send me a notice the purchaser's attorney sent on November 17th indicating that becaue I did not show up on Nov 15th they were going to sue for specific performance, ( I got this letter Nov 23rd) this was the only time I was told anything about scheduling a new closing date. My lawyer does not communicate much with me or the purchaser's. I realy do not want to go through with this sale. Any suggestions on what my next move should be.