If you signed a contract with the first person to take the home off the market for 6 weeks for $100 that is a legal agreement. If you sell it before the 6 weeks is up, you might be liable to person 1 for breach of contract. You should have included a clause in the contract that said if you got another offer, then person 1 would have 24 hours to meet or better the offer. Without that, you took away your legal right to sell to person 2 without risking a suit from person 1.
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We did not sign any contract with the person. What happened is we have it up for sale with the development we live in. A person came to see the house and liked it so they said ok I will put $100 down. The real estate person told us about it but they said normally they don't even tell the seller. It has now been 6 weeks and the person still did not make up there mind if they want to make an offer or not. Now today someone came and we showed them the house and they liked it. We talked to the real estate person and they said that this person cannot even make an offer since the other person put $100 down and we have to give the other person 1 week to make an offer first.
We don't want to loose this buyer but if they have to wait 1 week they might go else where. Is there anything we can do since we did not sign anything?
If there is nothing in writing , you can give person 1 their $100 back and deal with person 2. Take the best deal. It's the bird in the hand. There is no such thing as $100 down and I'll be back in 6 weeks and tell you if I want to buy it or not.
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