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Is our initial offer currently considered withdrawn?

We put in an offer on a short sale, and since then, have changed realtors.  In reviewing the contract, I believe a stipulation that the previous realtor put in the contract would mean that the offer would be considered withdrawn. I say this because, in the section titled "TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE, it says (a) If not signed by Buyer and Seller, and an executed copy delivered to all parties on or before 10/6/2013, this offer shall be deemed withdrawn and the Deposit, if any, shall be returned to Buyer.  Unless otherwise stated, time for acceptance of any counter-offers shall be within 2 days after the day the counter-offer is delivered. Therefore, I am assuming that the contract would legally be considered withdrawn at this point.  Is that accurate, and can we now make a new offer on this property via our current realtor?

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November 06 2013 - Tampa
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It sounds as though you have Earnest Money out there somewhere. That would be the first step. Contact the agent who initially represented you and request a terminate and release of the current contract--the buyer (you) and the Seller need to sign and it needs to indicate that the earnest money is being returned to you. Also, be sure to send your first agent an email expressing effective ____ date you no longer wish to be in a Buyer Brokerage Agreement with him/her. You need to have everything in writing. Realtors are not attorneys, so when in doubt contact an attorney. You need to be really careful on this one that the original agent doesn't go for procurring cause since they in essence introduced you to the property.
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November 06 2013
You do not have a contract unless both buyer and seller have signed. That did not happen, so all you put in was an OFFER to purchase. There was never a contract. If the seller did not sign your OFFER by 10-6-13, your OFFER is withdrawn. So, your are correct,  there was NO contract, therefore if you have a new real estate agent, you can put in a new offer to purchase with your new agent. Are you making another offer on the same property with your new realtor?
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November 06 2013
It sounds like you are making a second offer on the same house? With two different Realtors? I would talk to your current Realtor if that is the case. It may be that you have an attorney review the interpretations of your contract, it may still be a valid contract. Two Realtors for the same house, well the first may have procuring cause to claim the commission, instead of your current Realtor. I would start with an attorney, then your current Realtor. I presume something happened to the first one that is preventing you from using them.

Good luck!
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November 06 2013
You said it was a short sale, did the seller not sign the offer making it a valid contract? If the seller did sign it, which I bet they did, then you are just waiting for the bank to agree or tell you what they will accept. This can take months in a short sale if it happens at all. In the meantime you can fill out a termination agreement to end the contract and get your deposit back.Your Realtor should be telling you all this.
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November 06 2013
Typically, the offer is accepted by the seller and then contingent upon 3rd party approval acceptance which is the bank. Buyers walk all the time, prior to bank approval. If you have submitted earnest money, you need to have your 1st agent prepare an earnest money disbursement form and the seller has to sign. I would make sure that your 1st agent communicated to the other party that your has been withdrawn or expired before you make an offer on another home. I would also dissolve that relationship in writing if you have signed a buyer representation agreement with the 1 st agent.

Seek Advise from your Agent
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November 06 2013
 
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