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Mary Rogal (Keller Willaims)

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Rainmaker
5,111,160
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

It depends on contract wording and state law... speak with a real estate attorney.

Sep 04, 2016 12:39 AM
Ambassador
6,414,578
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Point out that having the home sold will open up more future options, assisted living, senior housing, etc.

Your and your client's best course may be to continue with the agreement that they have committed to.

Sep 04, 2016 04:22 AM
Ambassador
5,059,654
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

I think it's attorney time

Sep 04, 2016 12:33 AM
Rainmaker
1,055,922
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

A similar question was posed to our AAR legal hotline: could a buyer cancel a contract during inspection period solely due to a health issue? The answer was probably not because the cancellation would have to be a reasonable disapproval of something directly connected to the home itself. You're going to need an attorney for this one.

Sep 04, 2016 12:13 AM
Rainmaker
1,525,616
Sybil Campbell
Fernandina Beach, FL
Referral Agent Amelia Island Florida

My best advice is talk to your broker or a real estate attorney.

Sep 04, 2016 04:59 AM
Rainmaker
4,899,174
Richard Weeks
Dallas, TX
REALTOR®, Broker

Best to talk to a real estate attorney.

Sep 04, 2016 12:32 AM
Rainmaker
5,236,839
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Yes you may have recourse through the language in the exclusive listing agreement. The buyer could sue for specific performance, but it is difficult to get a verdict! Best advice, seek the advice of an attorney with copies of all agreements in hand!

Sep 04, 2016 12:14 AM
Rainmaker
1,466,257
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Mary Rogal It's time to speak with a real estate attorney.

Sep 04, 2016 12:04 AM
Rainmaker
991,152
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

You're going to need a lawyer to answer that one for your state

Sep 05, 2016 02:16 AM
Rainmaker
3,986,308
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Sure,but maybe a bit of compassion may be in order

Sep 04, 2016 11:36 AM
Rainmaker
1,157,791
FN LN
Toronto, ON

You should define abbreviations that are local to your area but not used in other areas.  Read the Executed AOS to determine if recourse is available.  Also, refer your seller to your seller's legal counsel for advice since this is outside the realm of a real estate agent's scope, at least in my area.

Sep 04, 2016 06:51 AM
Rainmaker
2,784,266
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Yes of course...comfort and assure this person and let them know you are standing by to help at anytime. Remember: It is not what one has but how he came to have it. The is more going on than contracts in the Real Estate world

Sep 04, 2016 04:37 AM
Rainmaker
1,846,681
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Love it when you expect everyone to know what an AOS is.

In IL, they could be sued for specific performance. Court forcing the seller to complete the sale.

Sep 04, 2016 04:19 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

This is a good question for an attorney.

Sep 10, 2016 11:48 PM
Rainmaker
5,024,913
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

A real estae attorney needs to be called to clarify.

Sep 05, 2016 09:52 PM
Rainmaker
1,624,653
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

What state you are in? Are all contingencies removed? Health issues sounds serious and if they need to cancel, they can back up any time. Yet, they might loose money( liquidated damages, 3% in CA) if all contingencies are removed. 

Sep 05, 2016 04:40 PM
Rainmaker
1,505,713
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Best check with an attorney there.  Sellers can't just change their minds like buyers can.

Sep 05, 2016 02:40 AM
Rainer
232,019
Jessie Cochran
Counts Real Estate Group, Inc. - Panama City, FL
Panama City Realty Group

Time to call a local real estate attorney Mary - good luck with that. IMO though, even if you do have recourse, are you sure you want to hold someone in poor to the contract?

Think what would happen if the shoe was on the other foot!

Sep 05, 2016 02:24 AM
Rainer
97,866
Carol Wilson
Your $imple Home - Toronto, ON

 Hi, Mary Rogal, welcome to ActiveRain.  You have a valid question there, and got some good answers.  I just wanted to say that although there was some frustration about the AOS abbreviation, you were watching and fixed it right away.  

Please do not think we are unforgiving, because this is a great group of people, a very positive bunch...and you have owned the mistake (minor as it was).  I hope you will let it go and allow yourself to ask other questions.  It's not as though we don't make any mistakes, lol!   :  )

Sep 05, 2016 01:19 AM
Rainmaker
1,727,956
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Speak to your attorney

Sep 04, 2016 11:48 PM
Rainmaker
1,617,916
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

I would check with your broker.

Sep 04, 2016 11:35 PM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

time for an attorney!

Sep 04, 2016 10:11 PM
Rainmaker
7,861,183
Roy Kelley
Retired - Gaithersburg, MD

Follow the terms of the contract.

Sep 04, 2016 08:24 PM
Rainmaker
913,238
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Seller might want to consult with an attorney. Maybe a release can be negotiated. Maybe EMD can be returned to buyer, and buyer will understand situation and find another house? If I was sellers agent, I wouldn't charge anything.

Sep 04, 2016 07:35 PM
Rainmaker
4,319,773
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Mary Rogal - some good suggestions - and the best one I think is, check with the attorney.

Sep 04, 2016 04:11 PM
Rainmaker
2,443,250
Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

What does AOS stand for?

Sep 04, 2016 01:45 PM
Rainmaker
715,457
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

So much depends on the contract. In Oregon, the seller does not have any backouts.  However, asking the buyer to accommodate a true need may have success.

Sep 04, 2016 11:47 AM
Ambassador
3,740,872
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

This is a question for a local real estate attorney.

Sep 04, 2016 10:21 AM
Rainmaker
2,224,473
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

Have your seller speak with an attorney. 

Sep 04, 2016 10:09 AM
Rainmaker
3,988,013
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

A contract is binding and to see if there is recourse for breach have an attorney advise your client. Never render a personal opinion.

Sep 04, 2016 08:00 AM
Rainmaker
901,928
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

It might be covered under "force majeur" if applicable. Consult an attorney.

Sep 04, 2016 07:29 AM
Rainmaker
5,583,328
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

attorney is the next phone call....

Sep 04, 2016 07:11 AM
Rainmaker
1,092,747
Diana Zaccaro Broker Associate
ZOOM Realty Group - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

That is a legal question and the answer will vary from state to state. Time to gather all your documents and meet with a good real estate attorney.

 

Sep 04, 2016 05:56 AM
Rainmaker
1,712,776
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

A question best asked to a real estate attorney.

Sep 04, 2016 05:41 AM
Rainer
2,145
Mary Rogal
Keller Willaims - Lehighton, PA

Sorry if I offended anyone.  Not thinking that all of the states refer to things differently.  In our area of Pa., it is commonly referred to as an agreement of sale.  Thanks for all the advice.  I do have a call into a Real Estate Attorney for their opinion. 

Sep 04, 2016 05:33 AM
Rainmaker
1,241,629
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Doctors letter and justify reason, can not afford due to loss in income etc.

Sep 04, 2016 03:37 AM
Rainmaker
4,581,210
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

 It depends.  What does your AOS say? 

Sep 04, 2016 12:51 AM