Legal Question in Real Estate Law in Florida
I am under a second contract with a buyer for my home. The first buyer did not qualify ( although I was provided with a copy of pre-approval letter). This second buyer, (who I have found out is also a mortgage broker in the state of FL) , has postponed closing twice citing lender delays. My question is two fold, before I agree to the accept this second delay, can I ask for a per-diem from date of original closing until actual closing date and or a contract addemdum for a good faith deposit that we will actually close? If the second contract falls through am I obligated to continue with the same realtor or can I cancel the contract?
2 Answers from Attorneys
Your contract controls. No possible way to answer your inquiry without seeing the contract. If not specified in the contract, you can add whatever terms you want and it is up to them if they accept or not. Your "per diem form date of original closing until actual closing" needs an explanation as it means nothing on its own. the contract addendum is governed by the terms or the original contract. You really need an attorney.
The answer to your second question will depend on your listing agreement.
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