Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I sent the Seller my unsatisfactory conditions home

Customer Question
inspection list on 11/23....
I sent the Seller my unsatisfactory conditions home inspection list on 11/23. Per the purchase agreement, they were required to respond in writing within five days. If they didn't respond within five days, I was required to terminate the contract within two days.Now, I am attempting to respond to the seller. My agent wants me to complete a Mutual Release of Obligation Under Contract of Sale. However, I think I should complete the Unilateral Termination form because I don't need the seller's permission to terminate this contract. I have the right to terminate it due to their lack of response.Which form, Mutual Release or Unilateral Termination, should I complete?
Submitted: 4 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
11/29/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,380
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks so much for your patience. In your case, you have the option to complete either the mutual release or the unilateral termination. However, you are not obligated to fill out the mutual release one. Without understanding all of the issues, I can't give you specific advice as far as which one to fill out; however, I can tell you that because the seller did not meet the requirements according to your contract, you now have the option to terminate the whole agreement. I would probably strongly consider thinking about how much you would like the house, whether you could get the seller to fix the unsatisfactory items, and whether you could get the seller to come down on the price so you can get the items repaired yourself. Regardless, the choice is yours. What other questions did you have for me?

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
But if I complete the mutual release, I'm not released unless the seller signs as well, correct?
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

That's correct. It's "mutual" so both of you would have to agree. If the seller is having trouble getting back to you about these things, you may want to consider going with the unilateral termination. If you want to start up a new deal with the seller later on, you can always do that generally. Does that make sense?

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
it makes perfect sense to me. My realtor is being very pushy about me doing the mutual release, not the unilateral?
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

Yeah, I couldn't tell you why the realtor would be pushing for the mutual release. It's likely to try and save the deal at some point or to limit their own liability in some capacity. I'd have to see the entire contract to know for sure, just know that you don't have to sign it at all under these circumstances. You can sign the unilateral one if you want. Did you have any other questions for me?

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
My real estate agent is refusing to send the Unilateral Termination form and will only send the Mutual Release form to the seller. Am I legally able to send the unilateral form to the seller directly by myself?
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

Yes, you can send it yourself unless there's some agreement that specifically says that the real estate agent has to do it. That is not probable, but check anyway.

You may want to consider just writing a formal demand letter to your agent to request this document. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me today?

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,436
5,436 Satisfied Customers
Experience: 17 years of legal experience including real estate law.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Yesterday I signed a Real Estate contract with a broker.
Yesterday I signed a Real Estate contract with a broker. Today a friend of mine says he wants to buy my house. Can I get out of the real estate contract? It has not even been 24 hours since I signed. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Will a real estate attorney handle disbursement of money
Will a real estate attorney handle disbursement of money from sale of house to each party of divorce and third party creditors. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Are you familiar with Texas real estate and contract law.
Are you familiar with Texas real estate and contract law … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Is it feasible to operate a legal firm and a real estate
Is it feasible to operate a legal firm and a real estate business as DBAs under an Umbrella LLC. … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
California Real estate question. Law. After the death of a
California Real estate question. Law.After the death of a family member , is there any way that the beneficiary of an inherited home be able to keep the prop 13 tax status that the deceased had ?Does … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
In a transaction involving a "gift of real estate" there is
In a transaction involving a "gift of real estate" there is no consideration (it's a gift). If the gift deed is recorded is it protected from third party claims or can it be challenged because there w… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I am in one piece of real estate that are owned by for
I am in one piece of real estate that are owned by for individuals as tenants in common. If one of them is willing to give me his order what can be done to the deed so no property tax is impacted … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,287 satisfied customers
Is a loan on real estate legal without a general warranty
Second opinion] Is a loan on real estate legal without a general warranty deed, only a quick claim deed?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Is a loan on real estate legal without a general warranty
Is a loan on real estate legal without a general warranty deed, only a quick claim deed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Real estate Question Can you define “wholesale real estate”
Real estate Question Can you define “wholesale real estate” & “Bandit”sign? Also, are bandit signs legal in Michigan?… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Need a real estate lawyer in city. I signed a real estate
I signed a real estate contract without my thinking through but would like to cancel the contract. what can I do without getting sued? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
What is the statute of limitations on a real estate
What is the statute of limitations on a real estate transaction that is based on an earlier created FORGED Deed. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,716 satisfied customers
If a home buyer did not request a home inspection, is the
If a home buyer did not request a home inspection, is the seller responsible … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Is an Agreement for the Sale of Commercial Real Estate
Is an Agreement for the Sale of Commercial Real Estate binding if only the Husband signs the Agreement although both the husband and wife are on the deed for the property … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I ENTERED INTO A RESIDENTIAL REAL ESTATE CONTRACT WHICH
Second opinion] I ENTERED INTO A RESIDENTIAL REAL ESTATE CONTRACT WHICH ALLOWED ME A 10 DAY PERIOD TO OBTAIN AN INSPECTION. THE INSPECTION DISCOVERD MAJOR STRUCTURAL & ROOF DAMAGE (OVER $25,000} WHICH… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
What home inspection items and repairs qualify for the
What home inspection items and repairs qualify for the estate to pay when one sibling "buys" the other sibling's share of the house? Buy is in quotations because the estate will be distributed, with o… read more
Lori
Lori
Juris Doctor
1,090 satisfied customers
I ENTERED INTO A RESIDENTIAL REAL ESTATE CONTRACT WHICH
I ENTERED INTO A RESIDENTIAL REAL ESTATE CONTRACT WHICH ALLOWED ME A 10 DAY PERIOD TO OBTAIN AN INSPECTION. THE INSPECTION DISCOVERD MAJOR STRUCTURAL & ROOF DAMAGE (OVER $25,000} WHICH WAS NOT FULLY D… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Does a real estate investment fund need a real estate
Does a real estate investment fund need a real estate license to operate? The crowd funding company's real estate broker license was suspended since 11/11/2017 due to several violations that was broug… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x