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lululu
LIF Adult

Member since 7/05 9511 total posts
Name:
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Re: Questions
Not only are they holding an open house, but they are saying that it was a previously advertised open house, but I can find no such advertisement. The house is not on MLS, nor is it in Newsday. As it happens, this agency also has an open house for another house right around the block. That house has very similar characteristics but is priced substantially higher. Anyone with interest in that house will surely see the open house signs for MY house and think that MY house is a bargain.
Anyway - I know what they are doing is legal, however I think it IS unethical to accept an offer and then actively solicit other offers while you know that I am in the process of spending a lot of time, energy and money on this house. When I am the seller (which will be soon) I will surely give a buyer from whom I've accepted an offer at least a week to perform.
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Posted 1/27/06 4:00 PM |
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MrsS2005
Mom of 3

Member since 11/05 13118 total posts
Name: B
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Re: Questions
Posted by DjPiLL
Posted by MrsS2005
Once both parties sign the contract isn't it binding? How can the seller get out of the contract once she/he signs it? I'd think the buyer could take some type of legal recourse.
And sue for what? Mental pain and suffering from losing the house of their dreams?
The most the buyer can sue for is any money lost from doing this (like a paid inspection or a title search)... thats about it.
If the contract is signed and the seller doesn't perform, I assume the buyer could sue for breach of contract. Depending on the circumstances, the buyer may be successful in getting specific performance (seller must meet the terms of the contract).
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Posted 1/27/06 4:13 PM |
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Gertyrae
Peace out Homies!

Member since 5/05 20046 total posts
Name: Gerty ®
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Re: Questions
When we looked at our house, we made an offer right away and it was accepted. Two hours later I got a call from the realtor saying that there was an open house scheduled for the upcoming Sunday and if I raised my offer she could guarantee the house otherwise not(we hadn't gone to contract). Anyway, I wouldn't raise the offer and I did go to the open house with my family to show it to them. I never said anything about our offer, and the next day the realtor called me to talk about the engineer. My opinion is if it's meant to be it's meant to be...if they get a higher offer and accept it (which probably won't happen it's a tough time of year to sell) then you weren't meant to have the house. There is no way I would price myself out to get the house.
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Posted 1/27/06 5:46 PM |
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Redhead
You Live, You Learn

Member since 5/05 31871 total posts
Name: Jennifer
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Re: Questions
Posted by lululu
Anyway - I know what they are doing is legal, however I think it IS unethical to accept an offer and then actively solicit other offers while you know that I am in the process of spending a lot of time, energy and money on this house. When I am the seller (which will be soon) I will surely give a buyer from whom I've accepted an offer at least a week to perform.
I agree 100%
But don't worry...i am sure everything will go ok!
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Posted 1/27/06 10:14 PM |
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My2Boys
Love.
Member since 10/05 4796 total posts
Name:
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Re: Questions
The buyer is entitled to sue for specific performance when there's a fully executed contract... although it's a total PITA (it isn't very common that once the k is executed a party reneges).
At the very least, you'd get your deposit and possibly any additional monies spent reimbursed to you.
My concern (as a RE broker for 8+ years), is that you were told that you'll be reimbursed for any engineer fees you incur. This has NEVER been done in any of my deals. Where would this money come from? I would say unless you get that in writing, the odds of it actually happening are slim to none.
The fact of the matter is, the seller and his agents don't know you and your FH from Adam. You could walk away from this deal tomorrow (even though *you* know you won't). The broker would be doing disservice to her client if she didn't continue to show the house until a contract is fully executed.
I hope it works out for you!
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Posted 1/28/06 10:25 AM |
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Redhead
You Live, You Learn

Member since 5/05 31871 total posts
Name: Jennifer
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Re: Questions
How did the weekend go? Did you go?
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Posted 1/30/06 7:47 PM |
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dpli
Daylight savings :)

Member since 5/05 13973 total posts
Name: D
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Re: Questions
Posted by My2Boys My concern (as a RE broker for 8+ years), is that you were told that you'll be reimbursed for any engineer fees you incur. This has NEVER been done in any of my deals. Where would this money come from? I would say unless you get that in writing, the odds of it actually happening are slim to none.
This happened to my brother - they had a signed contract, the seller backed out and he got back his engineer and attorney fees. I don't know if he had it specifically in writing, but he is an attorney himself, so he might have taken that precaution.
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Posted 1/30/06 8:24 PM |
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sasha96
lovin' my 2 little ladies!

Member since 5/05 7401 total posts
Name: Julianne
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Re: Questions
I'm curious too...how did it all turn out after the weekend?
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Posted 1/31/06 7:37 AM |
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lululu
LIF Adult

Member since 7/05 9511 total posts
Name:
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Re: Questions
Hi everyone!!! Thank you all so much for your help last week. So far everything is going really well. We had the inspection on Saturday and everything looked good.
As for the open house - apparently no one showed any interest. It was scheduled from 3-5 on Sunday and it had started to rain so hopefully that deterred people from attending. Either way, we are awaiting the final report from the inspector and then we are going to sign the contract tonight!!! I can't believe it - but I feel like the house is going to be ours!!!!
What is really wierd though is we had a friend who is an architect pull the all the records pertaining to the house from the village hall. The previous owners names were on it and it turns out that the owner was part of a group of people that gave me a scholarship while I was in college. He was also an alum from my college, and I later ended up working at that firm. I don't know why but I find this coincidence way too weird.
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Posted 1/31/06 8:57 AM |
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lululu
LIF Adult

Member since 7/05 9511 total posts
Name:
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Re: Questions
oh - I also decided not to attend the open house, but that was mainly because i wasn't feeling well and I was just so emotionally drained from the whole experience of worrying about it. I figured that I would just let whatever was going to happen, happen.....
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Posted 1/31/06 8:59 AM |
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Re: Questions
Wow, that is some coincidence! Maybe it is meant to be yours!
Good luck!
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Posted 1/31/06 9:10 AM |
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Redhead
You Live, You Learn

Member since 5/05 31871 total posts
Name: Jennifer
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Re: Questions
CONGRATS
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Posted 1/31/06 6:11 PM |
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lululu
LIF Adult

Member since 7/05 9511 total posts
Name:
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Re: Questions
THank you so much! We are going to sign the contract now! THis is so exciting. I own the condo that i live in now, but this is so much more exciting. I guess because it is a house and we are getting married and will live in it together!!!! It's all exciting and scary at the same time!
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Posted 1/31/06 6:25 PM |
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Redhead
You Live, You Learn

Member since 5/05 31871 total posts
Name: Jennifer
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Re: Questions
hopefully i am right behind you! We just sold our condo...still looking for THE house though
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Posted 1/31/06 6:27 PM |
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lululu
LIF Adult

Member since 7/05 9511 total posts
Name:
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Re: Questions
Good luck and keep me posted. We actually have been looking for a while but weren't ready until a couple of weeks ago. Then all of a sudden this house came on the market and it is as close to perfect as we are going to get in our price range so we jumped on it. That's why I really didnt want to lose it. We definitely saw some other things that were nice but didnt have a lot of the things we were looking for. So many things are about to come on the market as the spring gets closer so I am sure you will find something very soon!!!!
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Posted 1/31/06 6:37 PM |
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Redhead
You Live, You Learn

Member since 5/05 31871 total posts
Name: Jennifer
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Re: Questions
thanks
Message edited 1/31/2006 6:42:13 PM.
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Posted 1/31/06 6:41 PM |
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lululu
LIF Adult

Member since 7/05 9511 total posts
Name:
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Re: Questions
Just wanted to give everyone an update! We closed on our house yesterday!!! We are so excited we absolutely love it! I can't wait to move in!
Now the work begins - nothing major for now but still a good amount of work. I can already feel all the responsibility of owning a house as opposed to a condo! I hope we were ready for this!!!!
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Posted 4/12/06 1:40 PM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19461 total posts
Name: L
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Re: Questions
Congratulations!!!!
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Posted 4/12/06 1:55 PM |
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-Lisa-
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Member since 5/05 6530 total posts
Name: Lisa
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Re: Questions
Congrats!
Message edited 4/12/2006 2:21:01 PM.
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Posted 4/12/06 2:20 PM |
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lululu
LIF Adult

Member since 7/05 9511 total posts
Name:
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Re: Questions
Thank you!!! It is so exciting!!!
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Posted 4/12/06 2:22 PM |
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Tumbalina
Better than the news!

Member since 2/06 2840 total posts
Name: Angela
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Re: Questions
But there is the occasional dirtbag re agent that will not give a crap and sell to the highest bidder even after an offer is accepted.
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Posted 4/12/06 2:30 PM |
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