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HELP!! Buyer doesn't have funds now!

  • Thread starter Thread starter Pixie88
  • Start date Start date

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Pixie88

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I am in VA. Summary of situation as follows:
We found a home that we fell in love with about 10 miles from our current home. We made an offer and it was accepted on the contigency that we sell our current home. We had contacted a local agent to help us purchase that home and also allowed this same agent to list ours. We made this offer in August with a closing date of Nov. 30th.
Approx. 4 wks. into this contract deal a second offer was made on the home we wanted allowing us 72 hrs. to remove our contingency. Some act of God sent us a buyer on the second day and they offered us cash for our home and moved closing to Dec. 21st, at which time we removed the contingency and the seller of the home we wanted allowed the same closing date.
The seller of that home has a home they are ready to moce into and we are packed and ready to move .... YET our buyer, an elderly lady at that, has been ill and unable to go to her stockbroker and get the cash to buy our home. It has never been verifed by our agent that this woman in fact even had the money to begin with yet with all intent to trust her and not seeing any reason for her to lie, we have been patient. However, here we are now at a deadline ... we were to close according to our contract on the home we want to buy within 45 days ... that day is today and there seems to be no visible evidence that our buyer is concerned about hurrying the process along. There was no "time is of the essence" clause in either contract .... I am so worried though that our the owners fo the home we want will be able to back out of this sale. Our attorney has told us to make our agent verify these funds but she insists that she believes the woman and that we have nothing to worry about. She called her over this past holiday weekend and asked her to go get her money as soon as possible but I feel that she should force her to move swiftly. My question is : Is my realtor liable if this sale falls thru? Can we sue the intended buyer, and can the seller of our dream home not sell us their home now?

HELP!!!!!!!
 


HomeGuru

Senior Member
Your Realtor should have put a clasue in the contract something like "within 5 days of acceptance of this offer, Buyer will forward to Seller written verification from a depository or stock brokerage company that said funds in the amount of $_______ are available to be used towards the purchase of the subject property."
You must now demand this verification and confirmation. The sales contract should have had a condition titled no contingency on obtaining cash funds.
 

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