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Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27687
Experience:  25 years experience
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My son and his wife are in the process of trying to buy a house

Resolved Question:

My son and his wife are in the process of trying to buy a house that is not on the market yet. They have been working with a realtor whose contract expires on June 30th (they are not going to renew). Their question: if a purchase agreement is not drawn up and signed until July1, can they get into any legal trouble? Another concern they have is: if they have a lawyer set up to accompany them for closing and the closing date is changed, will they be charged a fee?

Thanks for your help.

XXXXX XXXXX
XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dave Kennett replied 1 year ago.
-Could you explain your situation a little more?
Are you asking if the lawyer will charge a fee for the closing date being changed or whether there will be additional closing costs?
Do you know if the contract with the Realtor has any language concerning a subsequent purchase within so many days of the expiration of the contract that will expire?
Customer: replied 1 year ago.

Actually if you can answer both questions concerning the fee that would be a big help.


 


I do not know about the language of the contract.

Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - I'm still not certain what "fee" you are talking about but if a closing date is rescheduled there should be no additional closing costs. As for the attorney, I cannot tell you what another attorney is going to charge since I have no way of knowing if the attorney will do any billable work as a result of the closing being changed. There could be some small amount for a phone call or letter etc. but nothing major. What I was referring to about the contract is that many Realtor contracts will have language to the effect that if a property is sold or purchased by the party within so many days of the termination of the contract then the party is liable to the Realtor for commissions or fees. Without knowing what the contract says to that effect I cannot specifically answer that question but you should be able to read the contract to see if any language to that effect exists. The general rule is if the Realtor and the client have worked together on a specific parcel of real estate and it becomes obviously that the client is simply waiting for a real estate listing contract to expire to avoid payment to the Realtor then most courts would rule that the Realtor would be entitled to his or her commission or fees regardless of the contract language if the deal is closed within a short period of time following the expiration of the contract. I'm jut not certain from your facts as to what the overall situation is. It would appear that your son may want to wait for the contract to expire and then close the deal so as to avoid the Realtor fee and if that is the case he could be subject to a lawsuit, especially if there is language in the contract covering a subsequent purchase within so many days.
Customer: replied 1 year ago.

Their realtor has not been involved with this transaction. They came across this home by accident.


 


If I sign up for one of the plans, can I ask for you specifically or will I be referred to someone else?


 


 

Expert:  Dave Kennett replied 1 year ago.
You can continue to ask questions on this thread for as long as you like and it would only be one charge as far as I know. I am a private attorney and I have nothing to do with the administration of the website but I can refer this to the administration if you wish so you can inquire about the different plans. As for your son's contract, if this house is not something that they are working on with the Realtor then it is going to depend on the language of the contract whether or not they could be liable for fees. Most contracts will have language covering any sale or purchase during the term of the contract and possibly for a period of time following the expiration of the contract, generally 30-60 days.
Customer: replied 1 year ago.

I don't have any further questions at this time; but should the need arise, how do I get in touch with you rather than someone else?


 


My daughter-in-law is going to bring over their copy of the contract when she gets off of work.

Expert:  Dave Kennett replied 1 year ago.
You can always request me or you can simply follow up on this thread if the questions are related to this issue. You can do that after you rate my service as the thread will remain open until you want to close it. If you have different questions on other legal matters you can simply request me by name when you ask your new question.
Customer: replied 1 year ago.

Thank you for your help.

Expert:  Dave Kennett replied 1 year ago.
No problem and thanks for using our service - Dave
Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27687
Experience: 25 years experience
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