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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19630
Experience:  B.A.; M.B.A.; J.D.
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I live in Wisconsin and made a full price home offer without

Customer Question

I live in Wisconsin and made a full price home offer without any contingencies. It came in as a secondary offer. It also activated a 72 hour bump clause for the primary offer. Is there any way for me to see proof that the primary satisfied the terms of the 72 hour bump clause. I don't trust the primary broker just saying that the clause has been satisfied and she refuses to give my broker any proof. I have talked to the sellers and they would prefer to take my offer.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 2 years ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
I live in Wisconsin and made a full price home offer without any contingencies. It came in as a secondary offer. It also activated a 72 hour bump clause for the primary offer. Is there any way for me to see proof that the primary satisfied the terms of the 72 hour bump clause. I don't trust the primary broker just saying that the clause has been satisfied and she refuses to give my broker any proof. I have talked to the sellers and they would prefer to take my offer.
Response: Unfortunately, you are not entitled to see that information. The document belongs to the Seller and that particular buyer. It is a privileged information. If the Seller/Seller's agent does not want to release the information to you or your agent, you cannot force them to do so.
I am sorry that I do not have better news for you.
Customer: replied 2 years ago.
Can I take this to court and ask that a third party confirm that the bump requirements have been satisfied?
Expert:  Phillips Esq. replied 2 years ago.
Can I take this to court and ask that a third party confirm that the bump requirements have been satisfied?
Response: You really cannot because this is not information that you are entitled to that the Seller/Seller's agent is withholding from you and therefore you need the Court to force them to disclose the information to you. I do not see how the Court would force the Seller to disclose the privileged information to you under the circumstances that you described in your post here.