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I elected to place my home in Ohio. The asking price

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I elected to place my...
I elected to place my home for sale in Ohio. The asking price is $87,900. The agreement with my agent clearly stipulates that date of possession would be 30 days subsequent to closing.
The potential buyer originally made an offer that I found unacceptable, I countered and they buyer made an offer of $86,900 which I accepted. When I signed the seller's agreement I again stipulated in writing that date of possession would be 30 days subsequent to closing.
In the interim I had several verbal conversations with my agent who stated that the buyer's were adamant about taking possession the date of closing. In each conversation I stated that was an inarguable point and not a matter of negotiation.
I signed the offer to sell on May 18, 2015. It was presented to the buyer. On the morning of May 20 I received a text message from my agent stating that they buyer was insistent upon taking possession the date of closing and threatened to ' hold up the sale or kill it'. I called my agent on the phone - which went to voicemail - and advised him that, based on the fact that I would not alter the stipulations I made previously regarding date of possession, told him I would rather just stay in the house and asked him to remove it from the market.
Then just a few hours later received another text message from my agent stating that, contrary to the earlier threat, the buyer was 'working on an extension' which I took to mean perhaps seeking an extension on the lease to their apartment or residence. This statement, of course, only holds a certain amount of credence, and represents no concrete fact that I may depend on or make decisions on.
I feel like I am being manipulated. I am finding it hard to believe the buyer can turn 180 degrees in his position in the matter of four hours. I begin to wonder if the buyer were truly made aware of my steadfast stipulation that I would not waiver on the point of possession. I feel like if someone led the buyer to believe that I could be convinced, coerced or intimidated into changing my mind, the buyer was not told the truth.
As regards ***** ***** of the threat made by my agent, apparently on behalf of the seller, to hold up or kill the sale - which would tie my house up on the market removing all potential opportunity for me to sell, I reacted in my own way by requesting the sale be terminated and my house to be removed from the market. I understand completely that I am obligated to the agent for a six-month term and at this point would just simply not even try to sell the house.
My question would be - do I have the same rights to 'kill the sale' same as the buyer who has placed me in a position to either acquiesce to his demands or lose the deal?
Submitted: 2 years ago.Category: Real Estate Law
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5/24/2015
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 28,684
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. I certainly understand the situation and your concern. The original contract will control and term stated within, regarding the 30 days, will be binding, since it was agreed to and accepted when the contract was signed and entered into by all parties. Now, in the contract, there should have been a date for closing and if the buyer is going to be acting in bad faith, then you would not have to agree to an extension or any other type of agreement, to keep the deal alive. In a situation like this, your agent simply needs to speak with the buyer and advise you are staying and turning over the home 30 days after closing. If they back out of the deal, as a result of this and not being able to convince you otherwise, then you could sue them for damages suffered. In addition, if you have concerns about their actions, ask for something in writing, assuring you that they intend to proceed, knowing the 30 day condition is going to be enforced. This way, if they will not, you can relist it and settle with them for damages suffered.
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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
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