Legal Question in Real Estate Law in California

seller agent

Can the seller agent cancel our loan? Our agent told him that we sign loan docs and that we will put the money into escrow by friday. Can he still canel the transaction? Even when he was told that we were going to put the money into ercrow? please reply.bbbbb


Asked on 4/10/03, 2:29 am

4 Answers from Attorneys

Sandee Chadwick LAW OFFICE OF SANDEE L. CHADWICK

Re: seller agent

Unfortunately, it is difficult to answer the question on the information provided. A lot will depend on the contract. Does it say when escrow shall close? When is it to close? If that date has passed, did the seller give an extension? Was it in writing? If the seller cannot rightfully cancel the transaction under the terms of the contract you may be able to either insist that he/she complete the transaction or bring an action forcing him/her to do so.

You should also look into whether the seller is willing to return the deposit if the transaction is cancelled.

You should have someone look at the contract and discuss the details with you.

If the property is in Southern California, I would be happy to assist you.

Thank you.

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Answered on 4/10/03, 10:07 am
Joel Selik www.SelikLaw.com

Re: seller agent

The question is a bit unclear. If you are asking if they can cancel, assuming there is nothing in the contract so allowing, then no they can not.

Joel Selik

Attorney/Real Estate Broker

www.seliklaw.com

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Answered on 4/10/03, 10:18 am
Larry Rothman Larry Rothman & Associates

Re: seller agent

The cancellation depends on the contract. If you contact Mary at my office at 714 363 0220, to set up an appointment, I may be able to help you if you still want to purchase the property.

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Answered on 4/10/03, 11:14 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: seller agent

It's difficult to answer with limited information, but the answer will depend on the sales contract for the home. Were the conditions of the contract otherwise met by the parties? If so, look to the contract for the remedy--it may be liquidated damages, or it may be mandatory arbitration. Check with a lawyer, who can review the contract and give you your options.

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Answered on 4/10/03, 1:30 pm


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