What does your agent say about this?

I am sorry I didn't see this last week and I suspect the issue is resolved now. However, generally you don't get to renegotiate the contract after signing. Any stipulation that your earnest money is not refundable if they discontinue marketing is something they needed to negotiate on the front end before signing.

They are proposing a change to an adopted contract and I don't see why you would have to sign it. However, the reality of the situation is that there is probably little you can do to prevent their continued marketing of the home. Although, they are technically in breach what possible damages do you have unless they sell the house to someone else.

Well now we have had the appraisal done on the house we are buying and the buyers buying our house have done their appraisal as well on ours. But the other agent on the house we are buying has told my realtor her seller STILL thinks something is going to happen and the deal fall through (even though we have done everything they have asked and are literally waiting for the appraisal results). They are holding an open house on the one we are buying this weekend. Now from what I understand after the appraisal results come in, if it comes in on value no repairs required they must mark the property PENDING in the MLS, but the other agent said they do not. I guess I just don't get why she would want to start all over with someone else who will definitely ask for repairs to be done (we took the house as is). And the closing date will definitely be pushed out longer. I am at the point that if this seller keeps on being greedy I don't care if we walk at this point. House has been sitting for 70 days in a very popular area, which means they are over priced. I mean can you take another offer a day before we close??? the day we close?? Like at what point do you have to mark the home pending???

I mean can you take another offer a day before we close??? the day we close?? Like at what point do you have to mark the home pending???

There is a buying a home section here and you might want to post there. There are specific real estate laws that I am not familiar with, even as I am familiar with general contract law.

First, most contingency sales have a method for you to remove the contingency, so technically they can't take another offer at all. They can just get an offer and demand that you remove the contingency. This is the kick-out clause. Removing the contingency is your choice rather than theirs. They can make the demand that you remove the contingency or they will void the contract.

However, this is a real mess and I would suggest you go over their agent's head if that is an option. Generally, if you sign a contract then you must abide by the terms you agreed to. At this point I suspect that you can block any offer they take. They are in breach of the contract and they can't get enriched by that breach. If you wanted to push the thing in court you could let them take another offer, then get an injunction on their closing until a hearing. Of course, you wouldn't want to spend too much money working on that, but at that point they become liable to both parties that signed a contract with them and they get a headache like they couldn't possibly imagine.

For a few hundred bucks you can prevent them selling for months just waiting on a hearing that you drop 15 minutes before court.

Some of these rules do vary by state. If you're not confident with what your agent is telling you, ask them to have their manager confirm it in writing. Or, speak to a lawyer.

Thank you everyone! Usually on other sites people become irate and judge-y. Everyone has been helpful on this thread. My agent's boss got involved and called the other agent's boss. The seller's agent was indeed not doing things correctly. Our agent wrote in our counter that once we had an accepted offer on our house the other side would cease marketing the home and mark it pending in the MLS. This wasn't done and that agent was told he had to change that in the system. Now they can only take back up offers. I knew something was off. We have also noticed the open house they were threatening to hold did not happen this weekend. Maybe the seller got word that we were not happy. Why risk a good buyer when we are 2 weeks away from closing. I get it, they have to protect their own personal interests, but we have done everything we can to make this work. Sometimes a little faith goes a long way.