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Left without a house
Posted on April 13th, 2009 2 commentsI wrote an offer on a house last November which was accepted by the seller subject to me and wife qualifying for financing within 5 days. Completion of the deal was 3 months from the date of our offer. On the 5th day we asked for 1 day of extension on on financing subject which was communicated between our Realtors and granted verbally by the seller’s Realtor.
We removed our subject the next day and put a deposit of $10000 in the sellers’ agent’s account. The subject extension for/addendum was faxed by the sellers’ agent to our Realtor 3 days later as it was signed by the seller only after he came back from is holidays according to the seller’s agent.
We were all happy and planning to move into the new bigger house. I sold my house in the mean time. But much to our surprise on the completion day the seller refused to complete the sale. He claimed that our contract was void as we never removed our subject to financing within the time stated in the contract. He also says that he never signed that extension to our subject.
When we asked his real estate agent about this he says that he dropped off the addendum at the sellers house and picked it up later, signed. He did not witness the signature.
Now we are renting a place. Suing… spending $$$ on lawyers. What should we do?..
This post was submitted by Parm Wite.
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