Waterjunky
RDP Inmate #94
- Joined
- Sep 24, 2007
- Messages
- 4,720
- Reaction score
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Hello all;
My MIL has gotten her self into a bit of a situation and I am trying to throw her a lifeline on a real estate adventure..... She owns a duplex locally and has struggled to manage it for various reasons that aren't important here but she decided to sell it. She put it on the market five months ago but has now decided to keep it. The catch is that she didn't realize she cannot back out of the listing until it expires in a couple of months without paying full commission rates to the agent and the agent won't let her out, even at a price. Things start getting weird here. The dates on her unsigned version of the contract (which she received the day she signed) are two months different than the ones the agent are holding against her but show obvious white out marks on the date --- un-initialed by anyone. Just random white out changes on a signed document. The agent knows she has changed her mind on selling after it fell out of escrow recently. She is not trying to list it with anyone else, just not sell it and have my wife and I run it along side our duplex. This gets stranger yet in that we just got another offer today from another another potential buyer, who is a real estate agent, for 2K over list price which is now significantly over appraised value ( the reason it fell out last time- 92K over). We suspect something fishy is going on with this agent and offer. She knows we are not impressed with the white out trick.
The questions come in as to how we decline or torpedo this offer without getting ourselves in trouble. Can we outright decline a full asking price offer without violating the listing agreement? If not, what things can we write into the counter that make is incredibly unappealing? The agents contract already says she pays all commissions, so that is out. We are thinking about a huge non- refundable deposit, if so how big can we request and how do we make it non-refundable? Removing the appraisal contingency, no home warranty, all reports and inspections are on them, buyer pays transfer taxes.....
What else can we do to sour this?
Who do we file a formal complaint to or challenge the legality of this agreement that's been illegally altered after the fact? We just want this done and gone at this point. We also need to avoid her being able to legally challenge the MIL with impeding the sale or anything like that.
Thanks for the help!
Waterjunky
My MIL has gotten her self into a bit of a situation and I am trying to throw her a lifeline on a real estate adventure..... She owns a duplex locally and has struggled to manage it for various reasons that aren't important here but she decided to sell it. She put it on the market five months ago but has now decided to keep it. The catch is that she didn't realize she cannot back out of the listing until it expires in a couple of months without paying full commission rates to the agent and the agent won't let her out, even at a price. Things start getting weird here. The dates on her unsigned version of the contract (which she received the day she signed) are two months different than the ones the agent are holding against her but show obvious white out marks on the date --- un-initialed by anyone. Just random white out changes on a signed document. The agent knows she has changed her mind on selling after it fell out of escrow recently. She is not trying to list it with anyone else, just not sell it and have my wife and I run it along side our duplex. This gets stranger yet in that we just got another offer today from another another potential buyer, who is a real estate agent, for 2K over list price which is now significantly over appraised value ( the reason it fell out last time- 92K over). We suspect something fishy is going on with this agent and offer. She knows we are not impressed with the white out trick.
The questions come in as to how we decline or torpedo this offer without getting ourselves in trouble. Can we outright decline a full asking price offer without violating the listing agreement? If not, what things can we write into the counter that make is incredibly unappealing? The agents contract already says she pays all commissions, so that is out. We are thinking about a huge non- refundable deposit, if so how big can we request and how do we make it non-refundable? Removing the appraisal contingency, no home warranty, all reports and inspections are on them, buyer pays transfer taxes.....
What else can we do to sour this?
Who do we file a formal complaint to or challenge the legality of this agreement that's been illegally altered after the fact? We just want this done and gone at this point. We also need to avoid her being able to legally challenge the MIL with impeding the sale or anything like that.
Thanks for the help!
Waterjunky