Friday, November 30, 2007
Copies are Good and Disclose Mr. Maniac
Dear Sue
I have been waiting for my home to sell for almost six months. After the Thanksgiving holiday my Realtor called and said that I had received an offer on my home. The offer was disappointingly low. Out of frustration, I accepted it.
We completed the contract paper work by fax and phone. Right after accepting that low offer, I received another one at a much better price.
My uncle said that I can probably get out the first offer because he heard somewhere that faxed signatures were not valid. When I told my Realtor he said that they were valid.
I could just kick myself for jumping on that first offer but I would really like to get out of it and accept the second offer.
Do you see a way out?
Sorry Sam
Dear Sam
Everybody wants to get the best price. Hindsight is always 20/20.
Stop kicking yourself. No one knows what will happen in the future. We only know what is happening right now.
How could you have known that another offer was eminent? Most discouraged sellers are eager to accept almost any offer.
I know that your uncle was only trying to help but he is wrong. I am sorry too, Sam. Faxes, copies, and faxes of copies, even copies of faxed copies and copies of copies are acceptable under California law.
If the faxed documents are not readable it is recommended that a clean unsigned version of the original form be attached to the faxed document.
It is even acceptable to have two copies of the same form; one with the buyer’s signature and one with the seller’s signature.
Dear Sue,
I want to sell my house because my neighbor is ‘certifiable”.
He interferes with everything I do. He’s always at my door. He yells at my kids, he complains about my dog, he even came into my yard and shook his fist at me in a threatening manner.
Yesterday he called my insurance company because he said my car flipped a rock up onto his windshield and cracked it. When I explained to him that I couldn’t have done it, he threatened me by shaking his fists in my face. I am beginning to fear for my safety as well as the safety of my family.
Since I have decided to sell, I need to know how much about Mr. Maniac, as we fondly refer to him, I need to disclose to the next buyer.
Fearful Frank
Dear Frank
Unfortunately you need to disclose all of it. It is a material fact that could affect a buyer’s decision to buy or not to buy.
Years ago an associate of mine was sued for failing to disclose an obnoxious threatening neighbor.
My associate represented a seller that was moving because of an obnoxious and threatening neighbor.
After settling into his home the new buyer was accosted by the obnoxious neighbor with a shovel. He was scared to death. Local residents told the buyer that the obnoxious neighbor had always been like that; In fact it was the reason for the sale.
This information prompted a lawsuit for failure to disclosure.
I would suggest you get legal advice. Sounds like your neighbor needs some restraint, as in “restraining order.” You should be making police reports in the event this guy goes over the hedge so to speak.
I wish you luck. A good rule of thumb is that if you have a question about disclosing something you
should disclose it.
Disclosure is a matter of good Home $$’s and Sense.
I have been waiting for my home to sell for almost six months. After the Thanksgiving holiday my Realtor called and said that I had received an offer on my home. The offer was disappointingly low. Out of frustration, I accepted it.
We completed the contract paper work by fax and phone. Right after accepting that low offer, I received another one at a much better price.
My uncle said that I can probably get out the first offer because he heard somewhere that faxed signatures were not valid. When I told my Realtor he said that they were valid.
I could just kick myself for jumping on that first offer but I would really like to get out of it and accept the second offer.
Do you see a way out?
Sorry Sam
Dear Sam
Everybody wants to get the best price. Hindsight is always 20/20.
Stop kicking yourself. No one knows what will happen in the future. We only know what is happening right now.
How could you have known that another offer was eminent? Most discouraged sellers are eager to accept almost any offer.
I know that your uncle was only trying to help but he is wrong. I am sorry too, Sam. Faxes, copies, and faxes of copies, even copies of faxed copies and copies of copies are acceptable under California law.
If the faxed documents are not readable it is recommended that a clean unsigned version of the original form be attached to the faxed document.
It is even acceptable to have two copies of the same form; one with the buyer’s signature and one with the seller’s signature.
Dear Sue,
I want to sell my house because my neighbor is ‘certifiable”.
He interferes with everything I do. He’s always at my door. He yells at my kids, he complains about my dog, he even came into my yard and shook his fist at me in a threatening manner.
Yesterday he called my insurance company because he said my car flipped a rock up onto his windshield and cracked it. When I explained to him that I couldn’t have done it, he threatened me by shaking his fists in my face. I am beginning to fear for my safety as well as the safety of my family.
Since I have decided to sell, I need to know how much about Mr. Maniac, as we fondly refer to him, I need to disclose to the next buyer.
Fearful Frank
Dear Frank
Unfortunately you need to disclose all of it. It is a material fact that could affect a buyer’s decision to buy or not to buy.
Years ago an associate of mine was sued for failing to disclose an obnoxious threatening neighbor.
My associate represented a seller that was moving because of an obnoxious and threatening neighbor.
After settling into his home the new buyer was accosted by the obnoxious neighbor with a shovel. He was scared to death. Local residents told the buyer that the obnoxious neighbor had always been like that; In fact it was the reason for the sale.
This information prompted a lawsuit for failure to disclosure.
I would suggest you get legal advice. Sounds like your neighbor needs some restraint, as in “restraining order.” You should be making police reports in the event this guy goes over the hedge so to speak.
I wish you luck. A good rule of thumb is that if you have a question about disclosing something you
should disclose it.
Disclosure is a matter of good Home $$’s and Sense.
Labels: contracts, disclosure, fax, signature
Subscribe to Posts [Atom]
