How can I get out of a contract to sell my property if there was miscommunication by the realtor?
2006-07-05 12:35:48 · 5 answers · asked by Ernesto J 1 in Business & Finance ➔ Renting & Real Estate
Here's the situation. I put my condo up for sale for a price. A buyer made an offer for a lower amount. I said I would agree to that lower amount if I get to keep my closets. When I received the contract, no where on there did it mention anything about closets. So I signed. Then I reiterated to the realtor that the closets will not come with the home and he said he when he reminded the buyers, they got upset because they thought it did because it was a "fixture!" Needless to say, they are floor mounted. So basically, we relied on the realtor to communicate this information and he dropped the ball. Now I'm in a position that I'd rather not sell to the buyer because they are trying to get over on me. Now they are claiming to want other items which they consider fixtures such as my surround sound speakers. They are obviously doing this in spite.
2006-07-05 12:51:22 · update #1
Meet with the buyer(s) personally at your place. Tell them that the closets were supposed to come with you and your agent forgot to add them into the contract. The speakers are yours as well. Ask them to do a walkthrough with you so that you can point out what you want to take with you and if they have any questions about a certain item, they can ask you there on the spot. Tell them it is a misunderstanding and you're willing to work things out with them. Tell them that if an agreement cannot be made, then the alternative is not for you to sell the property. They also can sue you to release their deposit because you're not going to sign the release of any funds in escrow.
You're basically giving them an offer they can't refuse.
Regards
2006-07-05 20:51:24 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I think a good route for you is to consult a real estate attorney. The best way to prevent this "fixture" problem is taking everything you want out; not letting the buyers see it, because they'll want everything. Also, make sure you see things in writing before signing.
2006-07-06 03:30:09 · answer #2 · answered by Skywalking 3 · 0⤊ 0⤋
I'm sorry to hear about being screwed by your Realtor. This Realtor should of had the brains to fix the contract and advise you not to sign it until is was correct. I recommend you fire your Realtor for incompetence and if he/she gives you any more trouble say you will be calling your attorney to take legal action.
2006-07-05 22:51:05 · answer #3 · answered by Superman P 2 · 0⤊ 0⤋
define floor mounted... if the closets just sit on the floor then they are not a fixture. just as any other furniture sits on the floor. the speakers are fixed to a wall? if so then they are fixtures and should have been listed as an exclusion in the listing agreement
2006-07-06 18:20:51 · answer #4 · answered by daniel r 4 · 0⤊ 0⤋
Well, if you didn't point out the error before YOU signed the deal, then you may have to live with the consequences unless the contract is fatally defective in some way.
Why don't you post some more details; your question is extremely vague.
2006-07-05 19:42:59 · answer #5 · answered by Bostonian In MO 7 · 0⤊ 0⤋