Offer To Purchase -problems??
i had the seller sign an offer to purchase (no realtor involved) now she is trying to back out and has her son (a realtor) list the property....there was no continjuncies and no date as to when closing would be...any advise? p.s in massachusetts
You could bring your purchase agreement to an attorney and see if you have a leg to stand on to force her to honor the agreement.
Now I know why my attorney, during his review of my contracts, told me to put in a closing date. I thought this was just a waste of space, but apparently this would have prevented her from doing this (at least without recourse on your part).
Andy
even without the closing date ...isn't the seller and buyer to act in a timely manner..it has been 9 days....i will be contacting lawer tomorrow....
Have your attorney send a notice demanding a closing. File a copy of your contract at the recorder of deeds office. Also have him send a letter to the MLS explaining that you have the property under contract and that the listing is therefore fraudlent and should be withdrawn. Since the realtor is the sellers son he should be fully informed about your contract. File a complaint with the office which controls real estate licenses in your state. (Here it is the office of professional registration or something like that). If you wish you can also send a notice to the realtor/son threatening Tortuous Interference in a Contract. its a difficult case to win but the name is so cool it scares many people off.
thanks will do.....hate to lose the deal got a great price....$215.000 .and sellers concession of $13,500 value around $265,000 as is plan on paint and sell ..you like that name huh...remember it ...in a few yers its going to be as big as TRUMP.....(haha)
Let me tell you what the attorney will probably tell you that an open ended contract will not hold up in court. A key element of a contract is specific performance. You should have given a time of closing.
I agree with you Michael that the lack of a closing date is a big problem. But the trick here is to make sure you make enough stink that the thing never gets infront of a judge. Convince the seller that she's in for a fight with big legal fees and that it is in her best interest to just go ahead and do the deal she agreed to.