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asheltiemom

Contingency problem when there wasn't one in contract?

asheltiemom
16 years ago

Hi, I'm hoping you can help me with a problem DH and I are having. We're selling our home (and have already moved to another state), and got a couple offers, and our real estate agent repeated her opinion many times that contingency offers should not be considered, because of the way things fall through and the hassle. From one couple, they offered the highest, but with a contingency on selling their own home. Then, they got a buyer for their home, and they submitted another offer, but lower and without the contingency. We took it. Our house has been off of the market for a couple of months.

We were supposed to close last week. We signed the papers and overnighted them, but then didn't hear from our agent. So we called a few days later asking if everything went well, and she said, no, we didn't close. The buyer of our buyer's home is stalling things, so they haven't closed on their home, and that's why our home didn't close.

Wait a second!! I thought we didn't have a contingency on their offer!

My FIL, who used to be a real estate agent, went over our papers, and told us there's no contingency in there, and we should take the earnest money, fire our real estate agent for her mistakes, and start over. Obviously, we'd rather sell to this couple a week later, rather than have a few thousand in our pocket and have to put our house on the market again (from a thousand miles away, I might add.... we don't know of any other real estate agents in our old town). RE agent says the couple is going to try some creative financing to see if they can juggle both their home and our home for a while, but who knows? I don't know when their home is going to close. Worse, they've allowed their buyer ( a first time home buyer) to ask for alterations on their home before they've closed, and their buyer isn't happy with the way the alterations are being done..... hence the stalling.

I want this to be over with! I like the couple who is buying our home, and our old neighbors would like this couple to be their new neighbors, as well..... but I am rather upset at their first time home buyer guy who is jerking us around.

Any advice? Any "there-there"s and a reassuring pat on the shoulder?

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