Home, Land, Property Buying and Selling - Pick & Choose
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rjordan392
08-30-07, 03:08 PM
If a home seller contracts to a real estate to handle the sale and the real estate finds a buyer, can one refuse to sell even if the buyer meets the asking price? Would I be liable for the real estate's commission?
I am asking this because I worked hard on my home to improve it over the years and would not like to see it go to dirtballs but to a deserving family.
I am asking this because I worked hard on my home to improve it over the years and would not like to see it go to dirtballs but to a deserving family.
DIYaddict
08-30-07, 05:05 PM
Well, that's nice of you :D
Once you receive an offer to purchase, you can counter offer, by accepting the offer w/additional stipulations...for instance, renegotiation in price.
Just don't sign on the dotted line. Once it's signed, it's a binding contract.
BTW: How would you know when one's a dirtball? :D
Once you receive an offer to purchase, you can counter offer, by accepting the offer w/additional stipulations...for instance, renegotiation in price.
Just don't sign on the dotted line. Once it's signed, it's a binding contract.
BTW: How would you know when one's a dirtball? :D
the_tow_guy
08-30-07, 05:39 PM
And, yes, if you decline a sale you can be liable for the agent's commision.
Also, in these lawsuit-happy times you could be sued for discrimination.
Also, in these lawsuit-happy times you could be sued for discrimination.
rjordan392
08-30-07, 06:51 PM
There are two famlies near me and neither make any attempt to maintain or keep the area around their properties clean. That's my definition of dirtball. One member of a family is looking to purchase homes on the block to rent them out and I would not want to see him or his family move out of their home and into my well maintained home. Their the kind of people who just let their homes fall apart. They use the exteriors to store construction debris, junk cars and creating an eyesore for everyone else which results in lower property values. Even decent folk searching for a good neighboorhood sees their mess and go elsewhere. I believe there are some famlies on my block that would show an interest and I know who the dirtballs are.
the_tow_guy
08-31-07, 05:12 AM
Personally I think you are in for a rough time selling, given your intent. Keep in mind, not all "dirtballs" dress and act like a dirtball all the time; Michael Vick comes to mind. And the reverse can be true; the "....book-by-its-cover" thing.
Other thing to consider: You sell to some squeeky clean couple and in 3 or 4 years THEY sell and don't really care who they sell it to - all your hand-wringing and high-blood pressure for nothing.
There's no code-enforcement department in your city? Around here the junk cars, at least, would get them demand letters from the city to remove them.
Other thing to consider: You sell to some squeeky clean couple and in 3 or 4 years THEY sell and don't really care who they sell it to - all your hand-wringing and high-blood pressure for nothing.
There's no code-enforcement department in your city? Around here the junk cars, at least, would get them demand letters from the city to remove them.
marksr
08-31-07, 05:59 AM
I understand your feelings about all the work you put into your home but the bottom line is once it's sold it is no longer yours. If you don't like who's making an offer on your home - stay firm with your price. If someone questionable buys it you might be better off never driving down that street to see how your old home looks.
I assume you have a good reason for selling, once sold, collect your money and don't look back.
I assume you have a good reason for selling, once sold, collect your money and don't look back.
Jack the Contractor
09-01-07, 04:33 PM
If a real estate agent brings in a buyer and meets the price in your listing, you are liable. You are discriminating according to what you are stating in your post here. If you don't want them to buy it, don't sell it. If you want to sell it its a done deal. Its just like selling a horse. You get the price you want, and you never look back. Thats just how it is.
rjordan392
09-01-07, 07:45 PM
Thanks all,
The only option I have appears to not put up a sale sign to keep the neighborhood dirtballs away. This does not prevent someone I don't know that may also be a dirtball to make an offer. So as you say, take the offer and don't look back. I certainly do not want to see it go to someone that I already had words with.
The only option I have appears to not put up a sale sign to keep the neighborhood dirtballs away. This does not prevent someone I don't know that may also be a dirtball to make an offer. So as you say, take the offer and don't look back. I certainly do not want to see it go to someone that I already had words with.
Mike Swearingen
09-18-07, 12:13 PM
I've been an NC real estate broker for more than 20 years, and you must be very careful about rejecting full price offers from anyone, especially if they're from someone protected by Federal and state Fair Housing laws, which means anyone without respect to the race, color, religion, sex, national origin, handicap or familial status (married or not, with children or not) or any party or prospective party to a real estate rental or purchase agreement.
If the prospect happens to cross a state line (Federal), whether you know it or not, the first offense is a $10,000 fine, the second offense is a $25,000 fine, the third offense is a $50,000 fine, and the fourth offense could be for triple the value of your real estate. You can be "convicted" on circumstantial evidence. A guilty real estate agent will promptly lose their license on the first offense, as well as being fined.
If you have a property for sale through an agent, whether there is a sign, any advertising whatsoever...including only word-of-mouth...then you still can be held liable for discrimination if you do it.
A party who claims discrimination under Fair Housing laws can get free investigators, attorneys, etc., and it will cost you many thousands just to defend yourself, guilty or not.
If I were you, I would sell the property to anyone that's financially qualified and don't look back as advised.
(And yes, you are legally liable for the full commission just as soon as the agent presents you an offer from a ready, willing and able buyer for the full asking price, whether you accept the offer or not.)
Good Luck!
Mike
If the prospect happens to cross a state line (Federal), whether you know it or not, the first offense is a $10,000 fine, the second offense is a $25,000 fine, the third offense is a $50,000 fine, and the fourth offense could be for triple the value of your real estate. You can be "convicted" on circumstantial evidence. A guilty real estate agent will promptly lose their license on the first offense, as well as being fined.
If you have a property for sale through an agent, whether there is a sign, any advertising whatsoever...including only word-of-mouth...then you still can be held liable for discrimination if you do it.
A party who claims discrimination under Fair Housing laws can get free investigators, attorneys, etc., and it will cost you many thousands just to defend yourself, guilty or not.
If I were you, I would sell the property to anyone that's financially qualified and don't look back as advised.
(And yes, you are legally liable for the full commission just as soon as the agent presents you an offer from a ready, willing and able buyer for the full asking price, whether you accept the offer or not.)
Good Luck!
Mike