OfflineOk Remember the seller Who wanted to Sue me over A Deal well This morning I wake up & A Damn Investigator is Knocking on my Door with Papers for A Small Claims Law sue.
My thing is here The first time He tried the same thing & I had A good reason I was off on Vacation & so I canceled the First time due to not having Enough Time so I Canceled the Deal before it even went to Escrow Which Should not be A reason to sue since The deal never Made it to Escrow but for Some reason the Seller was talking about suing me & this was When I was On Vacation in NV .
So I was told by my Agent that he (the Seller ) was trying to file for A Law sue After we Had Canceled the First time due to my own Absents on Vacation , & So I talked them into Talking him Back into Finishing the Deal ( Which Now I think was A BAD Idea ) I should had Just let it go & moved on & if he Came to me with Law Sue I could show the Court that I wasn't even Home during the time He filed For Law Sue & that the First time we didn't even get to Escrow before he went & tried to File A Law sue .
I'm like Should I go & settle this Case out of Court & Just Pay this dude $4,000 + & Just Move on & settle out of Court , Or Should I go & talk to A Attorney & see If This Case can Be Dismissed & See if this Guy hasn't tried this in the past Due to His first time at Jumping up & Tying to Sue I'm Wondering if He hasn't done this Before .
all you're getting here is heresay
No reason to go cheap on advice when you'll pay heavily in the end if you don't
Spend the money, but do your due diligence to find the right attorney
#1 you are a principle on the contract even state commissioned contracts are able to be altered by you and only you and the other principle so if an agent tells you it is illegal they are correct it is for THEM not for you.
#2 refer to above and do the following: strike out this line or make sure it isn't there if you can edit it out of your contract "enforce specific performance, seek such other relief as may be provided by law, or both, or" This one line in the default provisions is what allows a seller to sue you. It should only have "If Buyer fails to comply with this contract, Buyer will be in default, and Seller may terminate this contract and receive the earnest money as liquidated damages, thereby releasing both parties from this contract" as remedy in the default provisions limiting your liability.
#3 Put something in the special provisions to also limit your liability after the contract has been assigned. This is what I use "If the buyers assignee agrees to assume the obligations of the contract that the original buyer in the contract whose assigned the contract is now no longer liable on the contract." In Texas we have an option period built into our standard state commissioned contracts so I have no need to put any thing like contingent upon or anything of the sort I pay $0-10 for 5-15 days to back out for any reason during my option period that allows me to preform my due diligence and I don't have to provide them with the reason and most don't want to hear it as they then have to disclose it to future prospective buyers making it a win-win for everyone if I decide to back out and this option period can be extended if I require it for good reason like Candaces vacation time.
Good luck Candance. I'm sorry I couldn't have provided this for you sooner to prevent this but, maybe others will learn as you will from this.
I am willing to work the way most people WON'T, so that in a few short years, my family and I can live the way most people CAN'T!