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julianah2 · May 8, 2012, 06:42 AM

According to my realtor, the sellers did not supply the HOA agreement to me in the required amount of time, therefore I was able to break the contract legally. My realtor also said that they contacted the Texas Assoc. of Realtors and they said the seller needed to submit the paperwork to me/the Realtor. The seller states that they submitted the paperwork to the title company, and that satisfied the requirement. The sellers attorney sent a letter demanding that I continue with the sale. The seller has already listed the house again. Should I hire an attorney or just ignore the letter from the attorney?

ballengerb1 · May 8, 2012, 06:55 AM

Have you decided that you no longer wish to purchase this home?

julianah2 · May 8, 2012, 07:17 AM

Yes

Fr_Chuck · May 8, 2012, 07:19 AM

What is the status of your earnest money, is there a issue with getting it back, since it is with their real estate agent, ( not yours) I would assume you will need an attorney to get your money back.

You can even if they provided it, back out of the sale, you merely lose the money you paid in to this point.

Why do you not want to buy it now, a paper being filed on time is not the real reason,

julianah2 · May 8, 2012, 07:26 AM

Originally Posted by Fr_Chuck

What is the status of your earnest money, is there a issue with getting it back, since it is with their real estate agent, ( not yours) I would assume you will need an attorney to get your money back.

You can even if they provided it, back out of the sale, you merely lose the money you paid in to this point.

Why do you not want to buy it now, a paper being filed on time is not the real reason,

I'm willing to forfeit the earnest $. I found a more suitable house (size/location/issues with the house).

AK lawyer · May 8, 2012, 06:31 PM

Originally Posted by julianah2

According to my realtor, ... I was able to break the contract legally. ...

You know the saying "don't bring a knife to a gunfight"?

In your case, it might not be a good idea to bring a realtor to a lawsuit either. Ask an attorney licensed in your jurisdiction to review the paperwork and advise you whether your realtor is giving you good legal advice.

LisaB4657 · May 8, 2012, 09:04 PM

If your contract does not contain any specific paragraphs regarding what happens when the buyer defaults then the general rule is that when the seller re-sells the property to someone else, if they sell it for less than you agreed to pay then you are responsible for the difference. So if you agreed to pay $100,000 and they re-sell it to someone else for $90,000, you are responsible to them for $10,000.