2,684,009
Last fall. My Buyer had 24 hours to accept/reject the counter from the Seller... we found him another house the next morning and bought that one instead. The Listing Agent called to see if we had accepted the counter offer. I told her we had found another property, we are making an offer on that house, sorry. The LA said the Seller would "hold my Buyer" to the original offer!
Excuse me? A brief reminder that a counter offer is a rejection, we have no offer or contract with your Seller, my Buyer is not bound to anything, thank you. Hope you find someone else for your listing.
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Dana Hollish Hill
Bethesda, MD
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Anna "Banana" Kruchten
Phoenix, AZ
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Lynn B. Friedman CRS A...
Atlanta, GA
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Nina Hollander, Broker
Charlotte, NC
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Ron and Alexandra Seigel
Carpinteria, CA
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Debe Maxwell, CRS
Charlotte, NC
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Sandy Padula & Norm Pa...
, CA
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Kasey & John Boles
Boise, ID
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Lyn Sims
Schaumburg, IL
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Steffy Hristova
Tempe, AZ
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Pete Xavier
Pacific Palisades, CA
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
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Steve Higgins
Kelowna, BC
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Brian L. Sirota, Esq.
Orange, CA
1,052,211
That happens. We're not accepting your counter, sign the original offer or forget about it. Seller tried to get more out of buyer, buyer wouldn't give any more and seller blinked.I'll come back to see what the real deal was in your situation.
Don't tell me the buyer thinks they overpaid. LOL you're going to tell me that, aren't you?
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Peter Testa
Danbury, CT
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Sandy Padula & Norm Pa...
, CA
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Nina Hollander, Broker
Charlotte, NC
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Ron and Alexandra Seigel
Carpinteria, CA
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Debe Maxwell, CRS
Charlotte, NC
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Lyn Sims
Schaumburg, IL
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
1,844,301
Seller came to their senses. Buyer lost his senses (marbles). Now no one has a deal.
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Lynn B. Friedman CRS A...
Atlanta, GA
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Peter Testa
Danbury, CT
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Nina Hollander, Broker
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
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Debe Maxwell, CRS
Charlotte, NC
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Candice A. Donofrio
Fort Mohave, AZ
5,230,079
The sellers' original counter-offer begins the negotiating all over again - meaning that the buyer is not, in the least, obligated to now, accept the signed original from the seller.
Once the seller countered the first time, the buyers' Offer was null & void.
I had an agent do that to me here too - I had an Expiration of Offer clause and 3 days after my clients had walked and were actually, already under Contract on another home, the listing agent presented the 'signed Contract!' Yeah, sorry, too late!
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Steve Higgins
Kelowna, BC
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Peter Testa
Danbury, CT
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Nina Hollander, Broker
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
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Candice A. Donofrio
Fort Mohave, AZ
1,725,996
The seller's counteroffer rejected the original buyer's offer. The buyer need do nothing if he/she has decided to move on.
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Peter Testa
Danbury, CT
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Nina Hollander, Broker
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
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Candice A. Donofrio
Fort Mohave, AZ
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Debe Maxwell, CRS
Charlotte, NC
1,502,998
The way I've been taught is that the original offer dies with the counter. If the counter is rejected by the buyer then that deal is dead and it's on the buyer to submit a new offer. The seller cannot come back and accept the original offer.
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Lynn B. Friedman CRS A...
Atlanta, GA
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Nina Hollander, Broker
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
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Candice A. Donofrio
Fort Mohave, AZ
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Debe Maxwell, CRS
Charlotte, NC
5,104,931
The submission of a counter offer means the original offer was not accepted and most likely expired. But if the client loved the house at their original offer what's changed since then?
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Lynn B. Friedman CRS A...
Atlanta, GA
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Steve Higgins
Kelowna, BC
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Roy Kelley
Gaithersburg, MD
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
3,988,007
The counter is a rejection and new terms so the original offer is not in play any longer. That trick might work with a new agent but not someone that knows the real estate law.
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Lynn B. Friedman CRS A...
Atlanta, GA
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Nina Hollander, Broker
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
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Candice A. Donofrio
Fort Mohave, AZ
809,258
Offer expired with the counter offer. Buyer can move forward if they want to but is under no legal obligation to do so. Should be an addendum stating the counter was rejected and the original terms are accepted by all parties. -Kasey
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Nina Hollander, Broker
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
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Candice A. Donofrio
Fort Mohave, AZ
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Debe Maxwell, CRS
Charlotte, NC
805,899
It would be up to my buyer. Sounds like your buyer is unsure, maybe it would be best for them to walk away if they are second thoughts.
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Peter Testa
Danbury, CT
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
5,049,183
Well it hasn't happened to me but you don't have a contract, as far as my limited legal understanding goes. The counter rejected the offer. Good luck, sellers!
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Lynn B. Friedman CRS A...
Atlanta, GA
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
6,393,404
Part of every counter is a rejection, up to the buyer as to whether they are willing to accept, at least that is how it is here.
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Nina Hollander, Broker
Charlotte, NC
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Bob Crane
Stevens Point, WI
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Debe Maxwell, CRS
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
2,220,323
You take the accepted and fully executed offer and run with it.
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Debe Maxwell, CRS
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
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Anthony Acosta - ALLAT...
Atlanta, GA
758,035
There is no rewind button but I would think with some time spent explaining this across party lines the original offer could be saved. By no means is the buyer obligated to move forward but you'd think they'd want to being they offered that amount in good faith. Can't take negotiations personally.
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Steve Higgins
Kelowna, BC
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Debe Maxwell, CRS
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
3,071,489
There is no contract.
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Candice A. Donofrio
Fort Mohave, AZ
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Roy Kelley
Gaithersburg, MD
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
4,272,548
I have never had the Seller come back; usually the Buyer does...
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
711,852
We dealt with a similar issue recently. The acceptance is not valid until conveyed to the selling agent, and as this happened well after the timeframe given in the offer, the deal is not valid until a new addendum is drafted agreeing to the new time for acceptance.
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
1,311,397
So...what is the problem? Counter offer rejected and original offer accepted. If the original offer has not expired or been cancelled, it seems to me that we have an agreement.
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
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Candice A. Donofrio
Fort Mohave, AZ
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Lyn Sims
Schaumburg, IL
519,324
It's up to the buyer. A counter offer is a rejection, making that offer null & void in my understanding. Any dated version of the early counter is proof. I would ask the buyer what their second thoughts are? Do they no longer like the home or are they thinking they might drive a harder bargain? Renegotiating could be possible, but is dangerous as the seller will also have second thoughts about this buyer. It's your clients call as to how to proceed.
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
2,781,173
Grab that deal and get lots of repairs thrown in
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Debe Maxwell, CRS
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
378,517
If a seller counters the orignal offer is deemed rejected and buyer cannot be held to it at all in Georgia.
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Debe Maxwell, CRS
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
252,600
I probably would have sent back a counter offer lower than the original offer, just to ;et the listing agent know that they should have explained the consequences better to their seller
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Debe Maxwell, CRS
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
1,390,113
Buyer has already rejected the counter offer and therefore the home. Original offer isn't valid, although I think the buyer has the option to accept or refuse.
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Debe Maxwell, CRS
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
352,976
It happens and I’ve had it happen on both sides of the transaction. Sometimes sellers get greedy, multiple offers loose one or more buyers, or sellers has a change of heart. When this happens I explain to the buyer there may be many reasons, but if they want the property to move forward. Sometimes they do, but sometimes they see it as a start to a less than positive buying experience. Unfortunately, in this business emotions and attitude can derail a less than positive start.
As Agents, it’s a huge part of our job to guide both buyer and seller, but ultimately it’s their decision.
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Debe Maxwell, CRS
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
5,216,398
The original offer died from the buyer's side when the seller countered. Now the seller is making an offer and the buyer can accept or reject! You can't have your cake and eat it to!
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Roy Kelley
Gaithersburg, MD
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
4,800,082
This is no longer a valid contract. When the seller countered and the buyer rejected the offer became null and void. It is now up to the buyer if they want to proceed or not.
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Roy Kelley
Gaithersburg, MD
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
3,416,038
I would be excited the original offer was accepted and so should the buyer. If they no longer want it, they best let them know asap
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Debe Maxwell, CRS
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
4,434,127
Good luck.
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Roy Kelley
Gaithersburg, MD
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
20,445
If your buyer is having second thoughts then I would just let them know they can walk away.
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
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Nina Hollander, Broker
Charlotte, NC
1,543,727
I'm not clear on your story nor has anything like what I'm guessing your sharing happned to me like that.
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Roy Kelley
Gaithersburg, MD
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
5,772,575
Hella,
You have great answers. A
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Roy Kelley
Gaithersburg, MD
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
5,583,278
the buyer should take it be happy there was no bidding war....
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Debe Maxwell, CRS
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
763,883
Let the buyer decide after giving my input.
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Debe Maxwell, CRS
Charlotte, NC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
2,061,803
I've never had that happen (at least not without a phone call from the listing agent telling me that the seller has reconsidered, and would like to accept the original offer, if the buyer is still interested).
Without any mitigating circumstances... if the buyer has had a change of heart, s/he can easily make a strong case that there is no contract. The rejection voided the original offer. But thanks for playing.
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
4,319,419
Just present to the buyers, Hella M. Rothwell, Broker/Realtor®.
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
564,494
Yes, I had a similar experience about a year ago and my buyer walked away... Some buyers feel like they're being 'played' when a seller counters an already strong offer.
Greedy sellers and listing agents that do not fully explain exactly what a counter offer is = a deadly combination for contracts!
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
3,345,091
I suspect my buyers would have second thoughts as well. As you mentioned, there is always more to the story much of which we do not expose in an open forum like this due to client confidentiality.
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
280,599
Sometimes sellers get a bit too proud. I'm assuming some of the conditions were agent infused, but in the end, the seller should have known that a counter is a rejection. But then buyer must not be in love with the house or the situation if they want to move to another property. Probably best for all. When deals start out bad, they don't get much better as they go along.
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
4,936,677
Never had that happen to me before.
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
2,182,552
Pump back up my buyer
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
7,836,134
Be happy and put the deal together.
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
2,071,025
1,598,452
1,712,676
Not something that has happened to me. I would imagine that they thought they were getting a better offer that never materialized so they went, we need to sell.
5,868,554
148,276
I agree, once the price or terms of the Buyers offer were modified by the Seller the offer became changed and Buyer is no longer obligated to purchase. Your question does not state if the acceptance time was still in effect. There needed to be verbal communication between the agents to see if Buyer will still be interested with the original price & terms and then just rewrite the offer.
What got me flustered early in my career back in the 70's is that a Seller can accept any other offer in the interim of time my Buyer's offer was still in effect for a response from the Seller. If our offer wasn't good enough we expected a counter but instead received a call that another acceptable offer came in and the Seller sold their property to another Buyer.