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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I have a selling contract with a closing date already in

Customer Question

I have a selling contract with a closing date already in place for August 20 th.
The buyer still has not send me back the sellers disclosure signed by him.
I have been requesting to my realtor the papers for the past two weeks in numerous time.,she keeps telling me that she is waiting for the buyer to sign it and for their realtor to send it. finally,
I got enough of these and sent an email to my realtor telling her that if I don't get back the disclosure form signed and sent in 24 hrs period I will not be proceeding with the selling since I think that that form is part of the contract. So the contract is not valid since is missing part that should have been included with the accepting contract.
My realtor just sent me the sellers disclosure that I signed but without the buyers signature. I have her 24 hrs and
time is running. I not only wanted a copy of my disclosure but also the signature of acknowledgement from the buyer.
Am I free of this contract because this papers were not included and signed together with the contract.
Please advise me what are my rights.
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Maverick replied 12 months ago.

Welcome to Just Answer! My name is Maverick. (Here) is my profile. Please give me a few minutes to review, analyze and/or research your inquiry and I will be back. Thank you for your patience.

Expert:  Maverick replied 12 months ago.

1. By what date was the buyer supposed to sign that form and get it back to you under the contract?

2. What is your understanding of the reason for the delay?

Customer: replied 12 months ago.
My understanding is that the acknowledgement from the buyers on the sellers disclosure is part of the package that it is attach or in conjunction with the selling contract and should have been returned and signed by the buyers realtor and send them all together to me as part of the signed and delivered package for the selling contract of my house. I don't know what his intentions are since my realtor has asked for the signed papers and two weeks later even the 10 days past for inspection has past still I have not gotten them back with his signature. Again, is my ultimator for the 24 hrs period legal? Can I be accused of breaking the contract? Or has he broken the contract by not signing and returning all the paperwork that goes along with the selling contract?
Expert:  Maverick replied 12 months ago.

The specific answer to your questions lies in the terms of the sales contract. If you want me to review that, please submit a reasonable offer under the premium services offer and upload the documents.

But, just imposing a 24 hour deadline unilaterally is not likely to be enforceable or have any effect. There are a number of other issues that need to be vetted as it must be determined if there is a "time of the essence clause" and whether or not returning this form is a "material breach" under FL law.

I expect that it will take an hour and a half of my time to review the papers, research Fl law, and find the answers for you.

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