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Home > Law > Other Law   »   Unethical realestate contract

 
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Old Jul 22, 2006, 02:19 PM
cpierce24
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Unethical realestate contract

My wife and I are in the process of selling out home. Our home has been on the market for about a month and a half. Monday of last week our realitor brought us a contingency contract from a prospective buyer. Our realitor said the buyer is in the process of selling their home and an offer for their home is expected to go through by the end of the week. Therefore we were content with their offer for the sale of the home and agreed with the contingency contract. Before we signed the contract we asked our realitor what would happen if they didn't sell their home and we were approached with another offer. She said that if another offer came through that we would have to approach them with the offer and they would have a chance to purchase the home at that time and if they decided not to within a few days then we could accept the 2nd offer. Well, another offer did come through a day after signing the contengency contract. Our realitor advised us that we would have to adhere to the contingency contract as they were in the process of closing the deal on their home. I was content with this. However, the deal on their home didn't go through, so I wanted to proceed with the 2nd offer. Then our realitor said that since we signed the contingency contract with the first offer that we would have to give them until the date of August 21st to sell their home and couldn't accept any other offer. I then called the realitor broker and explained to her that this wasn't how I understood, and further explained that I would never put my self in that position. She agreed and said that it is an unwritten rule among realitors that the contengency contract is valid for 72 hours however our realitor didn't have their party sign that agreement as they normally don't have this problem. Why would my realitor put me in this position. She misrepresented the contract to me, and now I may miss out on a prospective buyer for my home. What can I do?? Thanks..

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Old Aug 8, 2006, 04:31 PM   #11  
Cvillecpm
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In 40 years in the RE biz (3 RE broker licenses), I've never heard of an "unwritten kick out clause"...it is written into the contract and the 72 hours is for the first purchaser to CLEAR any contingencies in their contract or you can negotiate with the second buyer.
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