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contract offer to purchase expired?

I made a offer to purchase a condo in ohio on the terms of a short sale with the bank pre foreclosure. the seller ended up having a lien aginst him for almost $6000 that attached to all the property he owned and was missed in the foreclosure action. the bank that had the lien was going to take care of it which is now going on 2 months and it has not been taken care of. I have extended the offer 4 times and they have not been keeping me informed as to what is going on. there is also other issues such as unpaid taxes and association fees that needed to be fixed. anyway I got fed up with it and let the contract for the accepted offer to purchase expire and my realtor and i filled out a release form and sent it to them.

that has been several weeks ago and I still have not gotten the release back from them with the sellers signature meanwhile their is another property I would like to make an offer on but I don't want to get stuck buying both of these properties.

does the seller, sellers lender or realtor have any recourse other then not giving me back my ernest money which was only $100?

6 Answers

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  • ?
    Lv 7
    1 decade ago
    Favorite Answer

    The seller, not the bank, should be the one signing the release so there is really no reason for this to be taking so long. He is probably just sitting on the release hoping things will somehow work out. I'd call him, or his agent, and tell them absolutely that if they don't sign the release you flat out will not buy the place no matter what and that you want closure on this. Then tell them that if they do sign the release, you nonetheless will still be interested in buying the place if they can work out their problems, and to contact you in that case - hopefully that will get them to close this thing.

    However, with the contract date passed and you having sent over a release there is really no way they can force you to buy the place and they have no recourse (again it would just be nice to get closure on this), so feel free to put in an offer on another place, and eventually yo will get your $100 back (even if they never release the thing you can get it back eventually).

  • 1 decade ago

    MY friend works at a bank. There is 1 employee handling 500 short sales. Swamped. I won't ever deal with a short sale again. The newer short sale "contract addendum" says that you get your money back at any time prior to getting 100% written acceptance from the lender.

    Write a letter to the holder of your earnest money demanding that the seller close the sale in 3 days or your money is to be returned at 4:59pm on the 3rd day. /

  • 1 decade ago

    You don't need their signature.

    If you have proof via fax confirmation that you sent it to them, that is proof enough.

    All you have to prove is delivery. A signature from the sellers is not required unless they have ACCEPTED your offer, which they haven't.

    The fact that you only paid $100 in earnest money is why they are "sitting" on your offer.

    People that only want to pay $100 earnest money typically do not have the money nor the credit to close the transaction. They were just waiting on a better offer.

    Not trying to be mean, but that is how banks work.

  • ?
    Lv 4
    5 years ago

    in case you or the Realtor has not been in touch with this person than all of it yours. Are you waiting for the workplace work and all of the bits and bobs of the settlement? right this is my terrific propose. even although the settlement is expired it is going to tutor in MLS as X=. Now the supply is in, call your previous agent and NEGOTIATE AT 3% for his or her centers. verify the previous settlement % became between 5-7%. hire the expert to shelter each and every of the workplace work, she will even do it for 2%-= yet be clever and negotiate. internet website/sigh- oversight- call her- greater helpful nonetheless it have been given you some employer pass away it there.

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  • Anonymous
    1 decade ago

    Each state laws could be different. You have to know and be able to verify that they received that cancellation of PA. Before you can move forward on another property.

    I wouldn't be as concerned about the $100.

  • 1 decade ago

    If the contract has expired then there is no longer a contract. Therefore demand your ernest money back. They have no recourse and they do have to pay the ernest money back.

    Source(s): 22 years mortgage business.
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