KBerly
Brilliant_Rock
- Joined
- Apr 21, 2004
- Messages
- 999
My DH and I need some legal advice please. We found a home that we looked at, made an offer and the builder accepted the next day. We signed the contract with the closing date and gave our earnest money. Builder then came back, accepted our offer with a two week earlier closing date. In order for us to move forward with the contract, we had to initial by the new closing date on the contract. The real estate agent (acting as a dual agent) mentioned to DH to go ahead and sign the contract for an earlier closing date per the builder, that way the agent would not be able to show the property to anyone else due to it being under contract (the agent himself told us this). We''re happy, blah blah, this was last Sunday.
On Thursday am, which is still during the 5 day attorney review, the real agent called and said there was a problem. Another couple who had looked at the property 3 weeks before had come back into the picture stating that the house was theirs. They supposedly left the country and that''s why they didn''t receive the letters or phone calls. They had signed a contract, but never came in with the earnest money. The builder and agent tried for 2 weeks to get a hold of this couple and could not. They assumed it was "abandoned" and started showing the property again. The couple has threatened to sue the builder if they did not sell them the house. Now, DH and I put the earnest money down with the offer on Sunday. This couple gave no money, only signed the contract. This past Wed. is when they finally brought their money in, 4 days after we signed and gave our money.
So anyway, now we are just basically waiting and hoping this couple can not get financing/loan before next Friday, the 25th, the date of close on their contract. There were a couple of statements made by the agent on Sunday when the contract was signed to us such as, "I would sign this contract now with the builders new closing date. Once there is a contract in place, I can stop showing the property." Our thoughts by making this statement, he is telling us directly and reenforcing the point that there are no PRIOR contracts in place. If there were a contract in place, they should have not been showing the property.
So our question is, is there any legal action that we can take? Our lawyer has sent a letter stating that we are going to extend our offer until Friday, just in case they cannot close on that day as stated in their contract. Anything we can do? Any advice?? This is our dream home, but if it isn''t meant to be, we will move on of course, we just feel like we are getting bullied too by this other couple who popped back in.
Thank you guys in advance!!
On Thursday am, which is still during the 5 day attorney review, the real agent called and said there was a problem. Another couple who had looked at the property 3 weeks before had come back into the picture stating that the house was theirs. They supposedly left the country and that''s why they didn''t receive the letters or phone calls. They had signed a contract, but never came in with the earnest money. The builder and agent tried for 2 weeks to get a hold of this couple and could not. They assumed it was "abandoned" and started showing the property again. The couple has threatened to sue the builder if they did not sell them the house. Now, DH and I put the earnest money down with the offer on Sunday. This couple gave no money, only signed the contract. This past Wed. is when they finally brought their money in, 4 days after we signed and gave our money.
So anyway, now we are just basically waiting and hoping this couple can not get financing/loan before next Friday, the 25th, the date of close on their contract. There were a couple of statements made by the agent on Sunday when the contract was signed to us such as, "I would sign this contract now with the builders new closing date. Once there is a contract in place, I can stop showing the property." Our thoughts by making this statement, he is telling us directly and reenforcing the point that there are no PRIOR contracts in place. If there were a contract in place, they should have not been showing the property.
So our question is, is there any legal action that we can take? Our lawyer has sent a letter stating that we are going to extend our offer until Friday, just in case they cannot close on that day as stated in their contract. Anything we can do? Any advice?? This is our dream home, but if it isn''t meant to be, we will move on of course, we just feel like we are getting bullied too by this other couple who popped back in.
Thank you guys in advance!!
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