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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37061
Experience:  Texas Attorney for 30 years dealing in real estate
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My daughter went to buy a home here in Pennsylvania. It was

Customer Question

My daughter went to buy a home here in Pennsylvania. It was through a realty company. She offered full price with a 4% sellers assist. The seller agreed but then said she wanted to contact her attorney. It is a 100% finace loan through the government. It is an approved loan. The woman contacted the government and found it was ok. Then she wanted to see my daughters bank account so she knew she had the closing costs. My daughter complied. Everything was ok till the woman said she didn't like the financing. My daughter also found out he realty company does not have a contract with this woman. Their realty sign is still on the property. Does this woman have the legal right to refuse the sale?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I s there a signed real estate contract between daughter and seller here??

Customer: replied 1 year ago.
no
Customer: replied 1 year ago.
Is there any rights on our part? Or does the seller have every right to refuse the USDA loan for no reason?
Expert:  Ray replied 1 year ago.

All real estate sales in PA have to have a signed contract and consideration--earnest money deposited.Here all your daughter can do is look for another property and get a signed sales contract and give earnest money.I wish I could tell you otherwise but without a signed contract it cannot be enforced.

Anytime a seller refuses to sign a sales contract like here you need to keep looking.This person was playing games with you.You can file a complaint on the realtor she mislead your daughter that she had listing agreement to sell the property.

File an ethics complaint against realtor here.

http://www.parealtor.org/filing-an-ethics-complaint/

Here is the standard sales contract all legitimate realtors use.

http://www.parealtor.org/clientuploads/StandardForms/Sample_Forms/ASR.pdf

Your daughter can file her complaint and look for another legitimate seller and realtor with a signed contract here.She would also deposit some earnest money to ensure a contract here is binding next time.

She then has rights to sue as a buyer if the seller backs out of the signed contract.

I appreciate the chance to help you .I am so sorry this seller tried to deceive your daughter.Make sure she files her complaint and next time have a signed contract with earnest money deposited to protect herself.

Expert:  Ray replied 1 year ago.

Law for reference

§ 35.281. Putting contracts, commitments and agreements in writing.

(a) All contracts, commitments and agreements between a broker, or a licensee employed by the broker, and a principal or a consumer who is required to pay a fee, commission or other valuable consideration shall be in writing and contain the information specified in § 35.331 (relating to written agreements generally).

(b) The following are exceptions to subsection (a):

(1) Open listing agreements or nonexclusive buyer agency agreements may be oral if the seller/buyer or landlord/tenant is provided with a written memorandum stating the terms of the agreement.

(2) Transaction licensees or subagents cooperating with listing brokers are not required to obtain a written agreement from the seller/landlord.

(3) Transaction licensees or subagents who provide services to the buyer/tenant but are paid by the seller/landlord or listing broker shall provide, and have signed, a written disclosure statement describing the nature of the services to be performed and containing the information required by section 608 of the act (63 P. S. § 455.608).

(c) A licensee may perform services before an agreement is signed, but the licensee is not entitled to recover a fee, commission or other valuable consideration in the absence of a signed agreement.

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Expert:  Ray replied 1 year ago.

Thanks again for letting me help you today.

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