Profile picture for heybunting

need a release for expired contract?

Hi,
We submitted an offer on June the 15th that would expire on June the 16th at 10 pm. We did not get a response by the deadline. The day after it expired (or possibly the next) the listing realtor contacted our realtor to say that they verbally accepted. our realtor said we would like to get it in writing before proceeding. They waited until June the 22nd, 6 days after it expired, to submit our old (expired) contract back to us as accepted. They had dated it the 16th. Our realtor has it in writing from theirs that they did not sign it until the 22nd. We have decided we don't want to go forward with the house, and now they (both realtors) are demanding that we sign a release from the contract or we are still under contract. We don't think it is necessary since A., the contract says if no response by expiration date the contract is null and void, and B., their dating on the contract is fraudulent. In fact, we are worried that if we sign the contract release we are validating their claim. It basically makes it sound like everyone accepted the 16th and now we want to back out. do we have to do anything or are we free from the contract? 
thanks.
  • June 25 2014 - US
  • 0
    0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Be a Good Neighbor. Be respectful and on-topic. No spam or self-promotion! See our Good Neighbor Policy.

Answers (4)

Profile picture for justinjkim
I don't know about in Kentucky but in WA, if your realtor didn't get the response after your offer expired, you don't have a valid contract even if the seller dated it prior to your offer expiration date.  

I don't know what went on between both realtors, their might have been indication that buyer accepted seller's acceptance even after that original offer expiration and therefore asking you to sign the release.  As long as you are getting your earnest money back and not obligated with anything, signing a release might not be bad to make sure you are completely out of the deal.

As I said ,this is the case in WA state not in Kentucky!
  • June 25 2014
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Technically you are not under contract.  In my experience, buying and selling homes, land and commercial buildings it is not unusual for all parties to want proof of no contract.

If you are concerned that this release could in someway be construed that you are under contract, then state that you are not under contract and never were.  That is an acceptable release, or if you like, a clarification letter.

Jeffry David
SellState Next Generation Realty
352-598-9685
www.JeffDavid-OcalaRealEstate.com
 
  • June 25 2014
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

I definitely think you are free and clear from any obligations to move forward. Both agents of course are ready to get paid for the work they performed but it sounds like it definitely wasn't performed correctly. Call your agents Broker or office manager and have a sit down with them and your agent. This will get sorted out quickly
  • June 25 2014
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for heybunting
I forgot to say, we are in Kentucky.
  • June 25 2014
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.