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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6846
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I am buyer's agent, When we do final walk through, seller's

Customer Question

I am buyer's agent, When we do final walk through, seller's agent was not there, seller asked buyer for an extension with offering $100/day for 5 days. Buyer agreed, so I drew an time extension to let them sign, now seller's agent said I did that illegal, said I forced seller to sign without her agent knowing and approval etc, is it right? He also let the seller signed on the extension "duress"
Submitted: 11 months ago.
Category: Real Estate Law
Customer: replied 11 months ago.
Seller has not completed the repairs, and she need more time to move out since her new purchase closing date is in Jan., 16. Both buyer and seller signed the extension on dec 13 and 14th
Customer: replied 11 months ago.
Now buyer is ready to close escrow, seller has not completed the repairs. Seller wants free stay until December 26. My buyer is so sad that being so nice to accept seller's request. And it caused their trouble. And this is ridicules that both me and buyer try to help seller. But seller's agent obviously made seller to sign "duress" and made this extension invalid, not only that, he said he would file a complaint and let seller sue my broker etc. my broker also said I did wrong. Now we don't even know when it will close, can it be close and if after closing, seller will not move out
Expert:  Irwin Law replied 11 months ago.

Good morning. Thank you for using JUST ANSWER. I'm sorry to hear that your real estate transaction has gotten so bent out of shape. The disagreement over the extension does not invalidate the basic terms of the purchase agreement. It should still close in the same manner as it would have if there had been no extension signed on December 13 or 14th. As between the buyer and the seller, that extension is valid and enforceable. The fact that the seller wrote "duress", does not affect the legality of the document. If the seller does not give possession after closing, there should be a clause in the purchase agreement that provides a penalty, and the buyer can sue the seller for damages. The disagreement between the brokers over any of the events that took place, does not affect the legality of the sale agreement or the closing. That is up to the escrow agent. I hope that this information is helpful.You can enter a positive rating at this point and I will happy to answer follow-up questions later today.

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