Agreement of sale amendment?

Question

A former realtor faxed me over an amendment to an agreement of sale for my home. The only item that was changed was the price which was changed from $198,000 to $208,000. She failed to amend the original settlement date of Feb 24 06 to a later settlement date. If the original settlement date expires on the amendment that i signed, can i later be sued for failure settle? The realtor is saying that i knew about the later settlement date. She never sent me anything in the mail.and i did not sign anything with a new settlement date on it. Is this amendment valid?

Answer 1

Im like in the Fog trying to understand your question. Can you please be more detail? I want to help or give advice if I can.

It doenst matter what the real estate agent says, it comes down to one thing. Just have the agent send you everything. Im sorry I dont even know your question. Just ask your agent, did I sign that?

Your agent doesnt have power of attorney. You are committed to what you signed. Period. If you dont have a copy of it, ask for it.

What did you sign? If she screwed up its on her. Go only with what you signed. Thats why you paid her 10,000 right?

Im not an attorney you agreed to what you signed if it expired on that date you are done.

**** update ****

Ace I normally give you thumbs up but I wont give you a thumbs down. Did you see the date? This happend amost 18 months ago. We are not talking about yesterday. If it didnt close that is what earnest money is for, I dont see where you are going. Are you saying 18 months later a buyer can say..... hang on wait we are approved now. Let me buy your house. The said we accepted your offer 2 years ago but we sold it. The time elapsed. Ace I like you and normally give you thumbs up. But 18 months later you are saying a buyer can come back and say we can buy this house. What the hell are you talking about? The agreement expired.

Answer 2

All terms of the original offer to purchase remain in effect, EXCEPT those which were mutually agreed upon by both parties in the signed amendment. If no date change was made, you're still contracted to close on 2/24/06.

That being said, failure of the buyer to close by the specified date does not necessarily invalidate the entire contract of sale.

I have been involved in more than one case of this nature, and the courts have held in favor of the buyer, if there was evidence of good faith to honor the contract in full, with failure to settle being delayed by circumstance beyond the control of the buyer, such as lateness of needed mortgage contract papers.