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Mimi Foster
Falcon Property Company - Colorado Springs, CO
Voted Colorado Springs Best Realtor

Isn't it funny how different real estate is in other areas? I've been doing real estate for decades and don't know what an assignment is, what a PA is, and why is the closing date in the addendum and not the contract?

Having said all that, I agree with Lyn Sims - move along to the next house.

Apr 23, 2016 12:17 AM
Rainmaker
7,870,816
Roy Kelley
Retired - Gaithersburg, MD

Move on to another property. 

Apr 23, 2016 12:15 AM
Rainmaker
5,583,328
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

seeking legal counsel is their only option.... but I do know that an agreement must be fully executed and that includes all addenda....

Apr 22, 2016 11:55 PM
Rainmaker
1,847,731
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Depending on your state I would say you have nothing. Move along to another property.

Apr 22, 2016 11:16 PM
Rainmaker
1,598,452
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

What the great question! And answers too. 

Dec 10, 2019 11:39 AM
Rainmaker
2,071,025
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL

Great question and the answers

Dec 10, 2019 11:11 AM
Rainer
4,250
Jan Marie McCoy
Jan McCoy Properties - Clarkston, WA
Real Estate Brokerage Wa & Idaho

It is a VOIDABLE CONTRACT. If your client wants out best to assist with that in order to represent client as to your duties, especially since the paperwork wasn't completed properly. 

Good luck!

Apr 23, 2016 12:05 PM
Rainmaker
3,986,308
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I don't know about in your state, but you need to make YOU did everything right

Apr 23, 2016 11:46 AM
Ambassador
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Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

You do not have signatures, you do not have a contract. 

Apr 23, 2016 11:35 AM
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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Sounds like a question better answered by an attny than us rainers.

Apr 23, 2016 06:53 AM
Rainmaker
1,506,923
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Contact a lawyer in your state.  I can't advise as I'm not a lawyer and don't know which state you're in.

Apr 23, 2016 05:28 AM
Rainmaker
4,800,132
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Like Mimi, I'm not sure I understand this question.

Apr 23, 2016 04:48 AM
Rainmaker
1,242,204
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

In our area there is a cancellation form by its own entity for refund of EMD.

Apr 23, 2016 04:45 AM
Rainmaker
921,504
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

How did it turn out?

The buyer eventually gets the money back in Florida. (99%)

How it will turn out for you is anybodies guess.

Time to consult your Broker and find out if you have a hand to play or is it bluff all the way.

Of course you are aware you have left out volumes of data that is required to make even a swag response. Turn to someone who is there and who you are paying a fee exactly for moments like this

Apr 23, 2016 04:12 AM
Rainmaker
634,532
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

With the usual legal disclaimer.... my opinion is no date = no contract.

Apr 23, 2016 03:26 AM
Rainmaker
1,057,554
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Agree with all who think your buyer needs to consult legal counsel, but here's my Q:  ask the attorney if the contract automatically reverts back to the original buyer if the assignee bails? 

In AZ, I 'BELIEVE' that if the assignee bails, the original buyer would still be bound by the contract until/unless they bail too, and then seller pursues remedies unless buyer had a contingency. I am asking my legal beagle this on MONDAY!

Apr 23, 2016 02:03 AM
Rainmaker
1,027,602
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.

In our area, without a closing date, you don't have an enforceable contract.

Apr 23, 2016 12:07 AM
Ambassador
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Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Prop. Mgr, Wenatchee, WA

As you said, their best bet is seeking legal counsel.  That said, my opinion is... without a closing date it's going to get dicey to enforce.  

Apr 23, 2016 12:04 AM
Rainmaker
4,906,660
Richard Weeks
Dallas, TX
REALTOR®, Broker

He needs to see a real estate attorney.

Apr 22, 2016 11:57 PM
Rainmaker
2,785,456
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

If the contract references the addendum, anyone would want to see it to understand the entire agreement

Apr 22, 2016 11:36 PM
Rainmaker
4,434,177
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

You should never giv legal advice.

Apr 22, 2016 11:32 PM
Rainmaker
4,584,196
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

This will depend on your state and I  do believe this is a legal issue.  

Apr 22, 2016 11:27 PM
Rainmaker
3,071,589
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Coldwell Banker Realty

Buyer should obtain a legal opinion from an attorney...

Apr 22, 2016 11:17 PM
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Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

He should talk to an attorney.  Unless you've passed the bar, answering questios like this is above your pay grade!

Apr 22, 2016 11:10 PM