Buying A Home
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Buyers nightmare-TWO CONTRACT! :( help!

An acquaintance of mine was building a house is and stopped by my workplace about a month and 1/2 ago.. I asked her about her house and she said they weren't going to buy it, so I told her I would be interested.  10 minutes later she texted me that she talked to the builder and wanted us to go look at it...In the texts she states a price and I confirm that we are going to buy it..

In the meantime we sign a contract on it and the builder says the are signing to dissolve theirs the same day. Well it is now a month and a half later and she has still not signed hers...

We agreed to purchase the house for 5k more than they did so that they would get their 5k deposit back..we also added 5k worth of upgrades that they did not have..The builder had us sign a contract and listed all the things we wanted to change and we took it to the bank and everything...the house has been appraised by us and all...

So now-the original buyers are being hesitant to sign the paperwork dissolving their contract and are dragging their feet.

So this puts us in a bad spot bc we took a cut on selling our house and have to be out by 8/5 so that we can purchase that house.

What should we do? Doesn't us signing the contract protect us in some way? Especially since I have messages from her? What should I do?

The builder keeps telling me that I have nothing to worry about, but I just want to make sure we are protected..

 

Thank you for any advice!  

Re: Buyers nightmare-TWO CONTRACT! :( help!

  • I am not a lawyer so I do not know what legal rights you may have but you need to tell them that they have no option but to sign their contract. Honestly you need to be blunt with them. You were extremely generous paying for them to have their deposit back.
    Ella 8.6.11
    Carson 3.28.13
  • BkX2BkX2 member
    First Comment

    Thank you, I have tried that. It made her mad and I felt like even prolonged the process.....

     

  • imageBkX2:

    Thank you, I have tried that. It made her mad and I felt like even prolonged the process.....

     

    I don't understand why she would be mad. It seems to me that she is feeling regret and that somehow she can still purchase the home. It may be wise to speak to a lawyer about where you stand.  You should make sure that you won't be out any of your deposit and that the home will in fact being sold to you. 

    Ella 8.6.11
    Carson 3.28.13
  • This sounds to me like it's the builder's problem more than yours - as it stands, the builder is party to two separate contracts to sell the same house.  Obviously the builder would prefer to honor your contract because it's for more money.  But the earlier contract would seem to me to be valid over yours because it was signed first.  So it's up to the builder to get that contract voided.  Otherwise you can sue the builder for not delivering on their end of the contract with you.

     I really think you need to just turn this over to the builder and let the builder worry about it--it's their responsibility to make sure you can get into your house.  

    Good luck!  

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