Faizan is my nephew and his offer for a foreclosed town house was accepted on July 29 2012 confirmed by email and the sale contract was also sent with email.On Aug 3rd 1) Faizan called seller to submit the contract and earnest money 2) seller told him that contract has expired by Aug 1st 3)then Faizan sent the seller an email describing his displeasure about seller's unexpected move in the property deal. 4) then seller release an email to Aziz(our buying agent). The email was forwarded to Faizan. Seller told in email that contract has expired, suggested Faizan to resubmit new offer, new contract would be released in 2-3 days, Faizan has to act fast otherwise property may go to another buyer but at least there was not another buyer for that property until Aug 3rd, only Faizan.Aug 1st expiration came to Faizan by very surprise because seller never notified him on Aug 1 or 2nd in writing via email that contract has expired. Further only expiration notice came on Aug 3rd from the seller after Faizan has already talked to seller and after he sent an email of his displeasure about seller's unexpected move. Contract was never expired and was fully active on Aug 3 when Faizan called the seller. Seller's demand to resubmit new offer was as unlawful attempt to withdraw the accepted property offer of an amount of $59000. Contract has no deadline mentioned for buyer to submit the contract. Faizan has called seller on the sixth day after July 29th. That cannot be considered the delay. Did Faizan really wanted to submit the signed contract and earnest money on August 3rd? I have the text which I sent to Aziz Rehman(Our Buying Agent)for the need of inspection of the property on Aug 3rd. Faizan's phone record shows that he did called property inspector on Aug 3rd for his availability Clearly Faizan was expecting to submit the contract and earnest money on Aug 3rd and that is the reason he called inspector to do inspection ASAP.Is this matter can be pursued as a potential winnable lawsuit against seller?
Country relating to Question: United States
State (if USA): Texas
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Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.Could you clarify?Purchase and Sale Agreement (P &S), the sale contract, always have expiration date when the P&S must be signed. I have never seen a P&S with no expiration date.What is the Seller now offering for the property?
Sale contract only mentioned the closing date and is Aug 17. As per seller Buyer did not respond respond in 3 days so contract expires. My buyer agent says expiration date is not mentioned in sale contract.Settled offer was $59000.Now seller want Faizan to resubmit offer But Seller has not put their offer.
Thank you for the information.
Sale contract only mentioned the closing date and is Aug 17. As per seller Buyer did not respond respond in 3 days so contract expires. My buyer agent says expiration date is not mentioned in sale contract. Settled offer was $59000. Now seller want Faizan to resubmit offer But Seller has not put their offer.
Question: Is this matter can be pursued as a potential winnable lawsuit against seller?
Response: Yes. Seller cannot tell the Buyer to make another Offer because the original Offer, which was accepted by the Seller is not dead. Where there is no deadline for signing the Purchase and Sale Agreement, the Seller cannot unilaterally decide that the contract has expired and thus that the negotiation should start over. The Seller cannot do that. The Buyer needs to give a notice to the Seller to honor the agreement. Otherwise, the Buyer would sue the Seller for Specific Performance to force the Seller to sell the property to the Buyer at the originally agreed price and terms. The Buyer should have a real estate Litigation attorney on standby to sue the Seller for Specific Performance. You can use the following sites to find local real estate litigation attorneys:
Goodluck with your case,
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