What if a seller intentionals trys to default on a realty or home sale?
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I'm in the midst of trying to purchase a house, we had a closing date and the seller was very adamant that we close on the agreed upon date and any attempt to extend would result in the seller entertaining a cash offer. The closing date came and the seller didn't have the paper work the bank required, an extension was issued by the seller and my realtor told me to sign it. Well I'm starting to get the feeling the seller is intentional trying to default on the loan to sell to someone else. Can I sue or what legal remedies are there? Also I just found out the realtor was part owner property, is there any disclosure laws for people that are owners/realtors?
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Answer:
The real estate agent in most if not all states must disclose if he or she has an interest in a property that is offered for sale or lease. That could be reported to the local board of Realtors. Unfortunately I don't know to prove that a seller is willfully not providing needed information so as to delay a sale. Your best recourse is to consult a real estate attorney to advise you. He would need to see the offer to purchase and any bank addendums. I don't know how it is that you didn't know who the owner or owners were when you made the offer. If the agent was part owner then he or she would have their name on the contract.Apart from that issue it is a fact that many dishonest people try to take unfair advantage of both buyers and sellers. This seller may be trying to force you to withdraw your offer so as to accept a better offer. Hire the real estate attorney and see if you can force the issue or tie the house up so bad that he can't sell it to anyone but you!
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Other answers
First, the agent MUST inform the buyer if they are the owner of the property. They could actually lose there license. There is a lot of case law on this issue. In regards to the closing date. Sign the addendum with the clause, TIME IS OF THE ESSENCE. This means that the date MUST happen on this date or the seller is in default. I would also put a clause with a dollar amount per day if the seller doesn't settle on time. I would also make sure that you let the agent/owner know that he could lose his license if this goes to court and then use it as leverage.
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