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OKRICHLAND
07-06-2005, 12:20 AM
Hello,
I have a problem and I need the advice of a real-estate attorney.
On June 20th I signed a counter offer on a duplex that I am selling.
It was for considerably less than I wanted for the house.
I was under the impression that the realtor would be in touch within
a day or so.
(No time limit was in the contract).
After three days, I called her.
She told me that all was going well but she was really busy and
she would have to call me the after the weekend.
(That would be on the 22nd).
I waited all day Monday and on the 23rd I received a full offer and more for the house.
I did not sign anything but I verbally agreed and we had an appraisal
of the property.
The next day the first realtor called and said that I was legally
bound by the counter offer that I signed.
I told her that I waited long enough and that I took the other offer.
After a few choice wards on her part I told her that she left me hanging long enough and I wanted to take the other offer because I hadn't heard from her..

Her attorney says that I am also liable.
Is this true?
Is there any way that I can get out of the contract.

Normally, I would never renege on a contract but this lady turned out to
be a genuine law breaking BITC........
Thanks in advance,
OKRP.

Aldo
07-06-2005, 03:42 AM
I don't have to tell you that failing to include a date is not a good thing. Under the law, I'd guess that you're on the hook with the counter-offer. However, there may be case law that addresses the unreasonable amount of time in your case.

I'd very strongly advise seeing an attorney. Not just an attorney, but one who specializes in real estate transactions. An excellent source for an attorney referral would be your title company. You have a lot of money at risk, so a few hundred dollars for legal advice would be money well spent.

Good luck and please keep us updated.

OKRICHLAND
07-06-2005, 12:36 PM
Thank you for your reply.
I will do just that.
OKRP.