Legal Question in Real Estate Law in Virginia
Getting charged by Real estate broker for buying for sale by owner..help..
Hello, here is the situation. My fiance bought a house from this agent about a year ago, selling it now(has a contract closing at end of month) and was looking for a house for us to live in. When she went to the office they were looking through the computer at houses and the agent popped a exclusive right to buy from her firm on her. The agent told her she had to sign it so she could show her houses that other companies list. So, she signed it not knowing what she was signing. Now we found a house and put a contract on it, a for sale by owner house, no realtors. We wrote the company a nice letter stating the situation but said they would knock the percentage down to 1.5%, half of what the contract stated the company would collect if it was voided, which is 2499. What can I do, We are both on the loan, and I would have never signed it, didnt care for the realtor. Help!
2 Answers from Attorneys
Re: Getting charged by Real estate broker for buying for sale by owner..help..
Did you sign this exclusive agreement with the realtor. If not you can contact to purchase the new house alone. You can title it later on.
Re: Getting charged by Real estate broker for buying for sale by owner..help..
Write the company another letter(or retain a lawyer to do so)outlining your position very firmly again, emphasizing your heartfelt belief that you were deliberately misled by their agent regarding a very material fact in their EXCLUSIVE RIGHT TO BUY contract and, therefore, you refuse to pay not only 1.5% but any sum at all.
If the company then decides to sue you in small claims court, you can post another question on the lawguru BBS as to how you should prepare your defense to this lawsuit.
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