Annette  Lawrence , Palm Harbor, FL 727-420-4041, Making FLORIDA Real Estate EZ  (ReMax Realtec Group)

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Rainmaker
750,252
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Seriously, buyer dude? A lame attempt to escape obligation to perform to the contract. It doesn't even really apply unless there is already an item in dispute. So you can just scribble out that little extra verbiage, dolling. But thanks for playing. 3:)

Jun 13, 2017 06:38 AM
Rainmaker
3,217,966
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

(1) When used in a document or letter, without prejudice means that what follows (a) cannot be used as evidence in a court case, (b) cannot be taken as the signatory's last word on the subject matter, and (c) cannot be used as a precedent.

But all that being said, I'd get better explanation from an attorney as to issues in using said wording.

Jun 13, 2017 06:27 AM
Rainmaker
548,002
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

Golly gee...I did not know we had so many attorneys here, practicing without a license.

The correct answer is to present it to the seller or the sellers attorney and let them make a decision.

Eve

 

Jun 13, 2017 08:21 AM
Rainmaker
4,579,492
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Annette,

It is another manifestation of a world gone amok.  Love Nina Hollander 's answer. A

Jun 13, 2017 07:52 AM
Rainmaker
2,827,766
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

It is a legal clause. I would consult with an attorney for instructions prior to presenting to the sellers. 

Jun 13, 2017 08:47 AM
Rainmaker
5,125,640
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

Nina gave the best explanation of "without prejudice"..... and it has no place on any contract by a buyer!!!

Jun 13, 2017 07:33 AM
Rainmaker
1,384,627
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Annette Lawrence , Palm Harbor, FL 727-420-4041 Nina Hollander has the response. I would think that since this is an amendment to the contract, the seller would have to agree to these terms. If I were the seller, I would draw a line through it and initial it.

Jun 13, 2017 06:45 AM
Rainmaker
705,151
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

I would not accept this as a valid signed purchase offer. This buyer thinks he's smarter than the average bear.... so I would advise not to respond to the offer.

Jun 13, 2017 06:44 AM
Rainmaker
1,371,058
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Property Manager

I'd say it is intended to mean the signature is worthless from a legal point of view.

Jun 13, 2017 06:17 AM
Ambassador
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

What does it mean...

Time to get a new client, this one has no intention of honoring their contracts.

Jun 13, 2017 05:07 PM
Rainmaker
1,265,262
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

It means I'll destroy that contract without prejudice.  LOL.  Yeah, I've never seen that before, but if Nina Hollander's definition is correct for our states, that would be countered out.

Jun 13, 2017 01:57 PM
Ambassador
4,073,746
Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

Nina Hollander has it!!

Jun 13, 2017 09:01 AM
Rainer
352,676
Teri Pacitto
Compass - Westlake Village, CA
Real Estate, Your Style...Your Home...My Specialty

I agree with many of you that this is trouble and best to get legal advise and rid of that buyer.  

Jun 13, 2017 08:14 AM
Rainmaker
5,511,415
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

For many, this would not be an acceptable signature.

Jun 13, 2017 07:31 AM
Ambassador
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Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Doesn't mean anything to me.

Jun 13, 2017 07:10 AM
Ambassador
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Fred Griffin, on leave of absence from ActiveRain
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

    Listing agents who present offers with that phrase to their Sellers had better know what it means.  

Jun 13, 2017 06:45 AM
Rainmaker
3,370,893
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Sounds like the buyer wants the right to walk! The issue may be if they do who gets the earnest money? Legal counsel suggested for the seller if they want to accept the offer.

Jun 13, 2017 06:38 AM
Rainmaker
942,448
Thomas J. Nelson, Realtor e-Pro, CRS, RCS-D, Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

I'd have to ask the context of the deal, not enough info.

Jun 13, 2017 06:13 AM
Rainmaker
3,860,081
Dorie Dillard CRS GRI ABR
Coldwell Banker United Realtors® ~ 512.750.6899 - Austin, TX
Serving Buyers & Sellers in NW Austin Real Estate

Thank you Nina Hollander ..crazy world we live in.

Jun 13, 2017 06:42 PM
Rainmaker
3,246,161
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

wow really,  watch out on this deal.

 

Jun 13, 2017 04:31 PM
Rainmaker
1,501,042
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

I never had it. But now I got an idea. Thanks for a question. Is your client somehow related to law field? I'd ask what motivates him/her to add that? I hope, there is a good story behind ( the lame story: online research). 

Jun 13, 2017 11:42 AM
Rainmaker
2,853,062
John Pusa
Berkshire Hathaway Home Services Crest - Glendale, CA
Your All Time Realtor With Exceptional Service

Annette Lawrence , Palm Harbor, FL 727-420-4041 Many good answers given

Jun 13, 2017 10:48 AM
Rainmaker
1,036,474
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

If it was me I will not tolerate a buyer who signs that way. Next I get them to sign as-is before presenting the offer to seller and release all contiginencies at the time of submitting an offer. No exceptions.

Jun 13, 2017 09:22 AM
Rainmaker
2,486,182
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

This allows one to visit this again although I am not sure how it applies to a contract. In court, if one loses, the judge may determine whether the case can be filed again or not by saying dismissed with or without prejudice

Jun 13, 2017 06:45 AM
Rainmaker
1,524,338
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Fifteen Years Experience in Brevard County

On the surface, weird.  I wonder what else is going on....

Jun 13, 2017 06:16 AM
Rainmaker
1,040,855
Dave Martin (703) 585-4687
Fairfax Realty - Fairfax, VA
Making Realty Dreams a Reality #WeWillGetYouHome

Whether we as agents know or don't know the answer is NOT relevant. Unless you are licensed to practice law in the state DON'T. A phrase I use probably more than any other with clients or potential clients is: "I am NOT a lawyer, I don't even play one on TV LOL. Nothing I say should be consider to be LEGAL Advice you should consult a qualified attorney with any legal questions you have."

Dec 24, 2017 07:22 AM
Rainmaker
1,560,516
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Geneva Financial, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

I just love the public when they try to play attorney

Jun 16, 2017 07:19 AM
Rainmaker
4,432,467
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

No idea.

Jun 14, 2017 11:47 AM
Rainmaker
3,129,775
Richard Weeks
Dallas, TX
REALTOR®, Broker

Presenting the offer 101, chapter 1.

If you receive an offer and it contains something you don't understand.  Present the offer and sugges the client consult with a real estate attorney.  The confirm it with an email.

Jun 14, 2017 06:51 AM
Ambassador
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Harry F. D'Elia
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

good read

Jun 14, 2017 06:14 AM
Rainmaker
569,610
Nathan Gesner
American West Realty and Management - Cody, WY
Broker / Property Manager

I would advice the Seller to consult an attorney. Privately, I would suggest they reject it until the phrase were removed.

Jun 14, 2017 05:42 AM
Rainmaker
4,797,872
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I would need to ask an attorney if this is kosher.

Jun 14, 2017 05:33 AM
Rainmaker
854,916
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

LOL - is the buyer an attorney?

Jun 14, 2017 05:29 AM
Rainmaker
3,054,229
Tony and Suzanne Marriott, Associate Brokers
Haven Express @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

Not a fan of Jane Austen??!! 

Jun 14, 2017 04:46 AM
Ambassador
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Annette Lawrence , Palm Harbor, FL 727-420-4041 - a habit!

Jun 13, 2017 10:13 PM
Ambassador
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Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

Ask your local real estate attorney before proceeding with an Offer that has 'without prejudice' following their signature.

Jun 13, 2017 09:24 PM
Rainmaker
777,842
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

I haven't seen that on a purchase contract before. -Kasey

Jun 13, 2017 08:01 PM
Ambassador
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Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

 I would say that the buyer is not accepting responsibility for his actions so agent beware.

Jun 13, 2017 06:53 PM