921,504
The attorneys with whom I have consulted advise if you are advising clients regarding CONSEQUENCES, you are practicing law.
However, discussing the terms contained in the contract is not practicing law.
Exercising the previsions in the contract is NOT wriggling.
Choosing to exercise perceived provisions in the 'gray zone' is a formula for disaster.
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Randy Hilman REALTOR® ...
Moultonborough, NH
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Sandy Padula & Norm Pa...
, CA
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Eve Alexander
Tampa, FL
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Renee Paray
Blue Bell, PA
1,664,836
Yes. I have the clients write up their own reason for termination.
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Randy Hilman REALTOR® ...
Moultonborough, NH
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Sandy Padula & Norm Pa...
, CA
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Marco Giancola
Miami Beach, FL
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John McCormack, CRS
Albuquerque, NM
1,554,939
I discuss what the Residential Purchase Agreement allows and disallows, under it's terms & conditions and what contingencies we have remaining to exercise our right to cancel. Outside of repair or appraisal differences that couldn't be negotiated, I've very rarely had to cancel a contract.
I won't do what one agent did to my mom (broker) once: the agent told her she had to cancel the contract because her client was in a car accident and killed. We (I was her assistant back then) all felt horrible, we all empathized. The story spread like wild fire through our office & soon the local Realtors in other offices knew too (pre-social media 1990's). So, when that same buyer, miraculously rose from the dead and tried to buy a house 3 weeks later 15 miles south (thinking we'd never be the wiser), well, you can imagine the anger and the grapevine. That Realtor was busted by the listing agent, familiar with the story and was taken before the board and stripped of her license and the buyer was sued by my mom's client for fraudulently breaching contract. No liquidated damages back then. It pays to be honest: Golden Rule considered, yeah?
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Randy Hilman REALTOR® ...
Moultonborough, NH
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Sandy Padula & Norm Pa...
, CA
5,583,328
we are crossing the line when we play attorney, no matter what the situation.... that's what attorneys are for and we make sure every client of ours has one by their side from step one.
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Randy Hilman REALTOR® ...
Moultonborough, NH
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Sandy Padula & Norm Pa...
, CA
846,475
I would not go there. It is an easy way to get yourself burned.
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Sandy Padula & Norm Pa...
, CA
7,870,977
No. Explaining contract terms is part of your professional service.
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Sandy Padula & Norm Pa...
, CA
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Eve Alexander
Tampa, FL
5,116,528
Our contracts in NC are set up in such a way that a client can walk away with no penalty outside of losing their due diligence fee during the due diligence period and without even having to tell a seller why they are cancelling the contract. This eliminates the need to advise them on how to "wriggle out."
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Sandy Padula & Norm Pa...
, CA
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Marco Giancola
Miami Beach, FL
699,277
No not at all. Thats why they hire us because we are professionals in our field and we know the ins and outs of our specific contracts.
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Sandy Padula & Norm Pa...
, CA
3,340,543
Are you a nuyer's agent with a legitimate reason for "wriggle and wiggle" or you have a LIbra buyer who can't make up their mind ?
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Sandy Padula & Norm Pa...
, CA
4,906,660
The contract is what it is. There are several paragraphs which allow a party to terminate the contract. I would be more inclined to advise a client when their wiggle move might come back to bite them. At that time I would point out what the contract says and advise to see a real estate attorney before they proceed.
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Sandy Padula & Norm Pa...
, CA
1,513,143
3,627,272
Good morning Randy. A good question. IMHO you owe a duty to your client. If you know the deal is a bad one for them you should say so. On the other hand they are adults but in the end you'll pay the price if they are not happy. Word of mouth travels faster than any social media invented.
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Sandy Padula & Norm Pa...
, CA
122,426
Hi Nina Hollander . Ours have similar builtin escape clauses, but our P&S has recently changed to give buyers the opportunity to go forward with a purchase if the seller refuses to make requested repairs as a result of inspections. Prior to the changes, sellers could unilaterally declare contracts null and void if buyers asked for concessions. One agent in our state advised a seller who had received a second offer on her home to quit the first contract on the grounds that she didn't want to make repairs. The transaction was reversed by the court in settlement pleadings and the sale awarded to the original buyer. The agent was criticized for essentially practicing law. Do you agree with that reasoning?
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Sandy Padula & Norm Pa...
, CA
175,614
I represent clients, if they are honest with me, there is no "wiggling" out of contracts, there are conditions and provisions which were agreed to, it is my job and duty to help those clients I represent manage those waters.
216,904
If a client wants "out" and it is beyond terms when one can walk (a/i period), then I always refer them to their attorney. There is too much liability to do otherwise.
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