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Home selling problem.....

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Buzz123

Member
What is the name of your state? Utah

I have a contract to sell my home; in the offer the buyer declined all the contingencies. I thought that odd, but the buyer is a realtor and the offer was a bit low so I thought he knew what he was getting into. My realtor said he felt like it was a solid deal.

Now a week after signing the contract they have come back to us and want big concessions for things like putting a pitched roof on (the existing roof is flat but new and it does not leak); replacing the carpeting because we had a dog and their child has sever allergies (most of the carpeting in the house is new, after we moved out, some is older but we had it professionally cleaned); and putting a new railing on the deck (the old one probably does not meet current code, but it was in plain site when they saw the house before offering).

I said no, there was no basis for this as there were no contingencies. My realtor tells me that technically I am probably right but getting their earnest money will be hard.

The buyer is a real estate agent who works for a broker. The offer was made through the broker he works for. The office is part of a nationally recognized chain. In the original offer the buyer offered a $1000 earnest money deposit, in my counter I asked for $5000 and the buyer accepted this. My realtor now tells me he is not sure the full $5000 was ever deposited, and the deposit is with the buyer’s broker now anyway.

Is it worthwhile for me to pursue this, or is it best just to let the thing go and put the house back on the market? Do I have any case for specific performance? Who would I go after to get the $5000 in earnest money and what would be the best way to go with it. I have discussed this with my realtor and he is still trying to convince the buyer to go through with the contract. I would be happy with that outcome, but I think it is not likely to happen at this point.

Any advice would be appreciated.
 


HomeGuru

Senior Member
Buzz123 said:
What is the name of your state? Utah

I have a contract to sell my home; in the offer the buyer declined all the contingencies. I thought that odd, but the buyer is a realtor and the offer was a bit low so I thought he knew what he was getting into. My realtor said he felt like it was a solid deal.

Now a week after signing the contract they have come back to us and want big concessions for things like putting a pitched roof on (the existing roof is flat but new and it does not leak); replacing the carpeting because we had a dog and their child has sever allergies (most of the carpeting in the house is new, after we moved out, some is older but we had it professionally cleaned); and putting a new railing on the deck (the old one probably does not meet current code, but it was in plain site when they saw the house before offering).

I said no, there was no basis for this as there were no contingencies. My realtor tells me that technically I am probably right but getting their earnest money will be hard.

The buyer is a real estate agent who works for a broker. The offer was made through the broker he works for. The office is part of a nationally recognized chain. In the original offer the buyer offered a $1000 earnest money deposit, in my counter I asked for $5000 and the buyer accepted this. My realtor now tells me he is not sure the full $5000 was ever deposited, and the deposit is with the buyer’s broker now anyway.

Is it worthwhile for me to pursue this, or is it best just to let the thing go and put the house back on the market? Do I have any case for specific performance? Who would I go after to get the $5000 in earnest money and what would be the best way to go with it. I have discussed this with my realtor and he is still trying to convince the buyer to go through with the contract. I would be happy with that outcome, but I think it is not likely to happen at this point.

Any advice would be appreciated.

**A: have a RE attorney review your contract. You are dealing with a bunch of dimwits.
 

Buzz123

Member
What is the name of your state?

An update.

The day after my first post I informed my realtor that I would not do any of the things the buyer was asking for, and I saw no need to respond in writing as there were no contingencies in the contract. I also told my realtor that I would expect to keep the earnest money and take whatever other legal action I could if the buyer did not go through with the purchase. As time went by the buyer continued to demand and complain, and I consistently gave the same answers; no, no, and no. It was not an answer my realtor was happy with.

Today was the last day on the contract and out of the clear blue the seller showed up and the deal closed, they paid the full amount. I guess this was all just a negotiating tactic to get me to lower the price; I’m not sure but the house is sold and I’m happy.

What strikes me as most odd about this is that the buyer is a real estate agent who is supposed to have a decent reputation. Oh well………..
 

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