Can the Seller Cancel if They Didn’t Sign Escrow Instructions?

Question: “I got a good deal on a little condo that would make a great rental. Now the seller is trying to cancel saying he never signed escrow instructions so we don’t have a deal. I’ve asked my agent if that’s correct and he thinks the seller is wrong but isn’t sure. The seller can’t
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New California Purchase Contract Coming in November

The California Association of Realtors is launching a new version of our standard real estate contract in November of 2014. Among these changes are: It will go from eight pages to ten pages. There will be several new forms that are automatically associated with the contract. There have been some improvements to safeguard home sellers
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Can a Contract Clause Keep the Buyer From Suing?

Question: “I’d like to put an As Is clause in the contract that says the buyer can’t sue me after they buy my home…” Answer: The standard California contract already has a clause that reads: “Unless otherwise agreed: (i) the Property is sold (a) in its present physical (‘as is’) condition as of the date
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So Your Offer Was Accepted—Or Was It?

Question: “The seller’s agent texted my agent that our offer on a home was accepted, but now they say they sold the home to someone else.  Is that legal?” Answer: For a real estate contract to be accepted and binding, there must be: A written offer Written acceptance Delivery of written acceptance to the party
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Can Stressed Seniors Have the Kids Sell the House?

Question: “My mother is getting up there in years, and wants to move to a retirement home where she can get the care she needs. But she’s very anxious about selling her house, so she wants me to handle it. Is there any way I can do everything for her so she doesn’t have to
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Can the Seller Ever Back Out of a Contract?

Question: “It seems like the buyer has all the rights to get out of a contract.  Can the seller back out if he gets a better offer or for some other reason?” Answer: Here’s the idea: The buyer is coming into many unknowns when buying a home, including: The physical condition of the home Whether
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Does Anyone Read the Whole Contract?

“When my wife and I bought our home this year, the contract was about 15 pages long, full of small print. We had about 10 minutes to skim it before we signed. Does anyone ever read the whole contract?” Answer: Almost nobody. Of the 3,000+ clients I’ve served over 21 years, I could count on
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Understanding Buyer Cancellation Penalties

“On what date can the buyer no longer back out without penalty?” Answer: It depends on the contract. It’s often the 17th day after acceptance, but your case could be different. Let me address a related issue… Many agents tell their clients, “if the buyer cancels, you get the deposit.” This is not necessarily correct.
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Canceling an Agent’s Contract

“Help! My mother inherited a University City home. She’s not real estate savvy, so she asked me to handle it for her. I hired an agent and he hasn’t called us since listing the home 3 weeks ago. I’m planning to call him to find out what’s going on, but I can already tell we
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