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Question
i looked at a bank owned lake property in Wisconsin up for sale. I managed to get the first offer in to the bank. One day later my realtor called saying the bank accepted my offer, rejecting two other higher offers simply because mine was first. A purchase agreement was signed by me but before it was signed by the bank, one of the others realtors whose client put in an offer, called the bank and complained that they didnt get a fair chance. The bank has now rejected all offers and wants the 3 buyers to submit their best offers by thursday. Heres the odd thing. The bank wants me to sign a release form to accept the rejection of my offer. What can I do?
Submitted: 18 days and 16 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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State/Country relating to Question: Wisconsin
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Just got the documentation from the realtor on my offer acceptance and the rejection of the other offers.
Accepted Answer
Hello, and thank you for contacting the just answer team.
An offer sheet and acceptance of the offer on a landsale agreement isn't binding unless in writing. However, if both the offer and acceptance were in writing, an argument can be made that a binding agreement was formed, and that they would be liable to you for damages if they then tried to back out of your offer. The fact that the bank wants you to sign a release of your offer strongly implys that a binding agreement was entered in to, they know it, and are trying to get out of it without you knowing better. If you still want to purchase the house at the price accepted, you would be best served by not signing the release, and contacting a real estate attorney in your area of Wisconsin to send a demand letter to the bank stating that as far as you are concerned, their acceptance of your offer was binding, and thus they cannot now back out of the deal. You could also do this through your realtor, but my advice would be to work with an attorney. For a referral to an attorney in good standing with the Wisconsin State Bar Association, contact the Bar
HERE
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I hope this helps, and thank you for the opportunity to answer your question. If you have any further questions, please do not hesitate to ask. Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work.
Take care
Expert:
SavyLawyer
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11/4/2009
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Licensed to practice law, I have experience in dealing with a wide variety of legal issues.
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