I'm fiercely protective of my sellers and am always looking out for their best interest, even if it means voiding a contract by abiding by the contract.

Here's the story.  I have a listing that I received a contract on two months ago.  The contract, submitted by another agent, had a few contingent clauses in the offer, one of which was that the offer was contingent upon the buyer's home selling.  The contract also had a forty-eight hour first right of refusal attached to it.

The buyer had a home inspection done, and the home inspector found some items to be repaired - duh, go figure, that's what they're getting paid for right?  Well anyway, I simply informed the buyer's agent that we would be happy to make the repairs if her buyer would remove the contingencies about her home selling first.  The agent said that her buyer would not do that, so we haven't made repairs.

Fast forward two weeks.  I have a buyer who wants to buy this listing with no contingencies.  I call the other agent and tell them that we will honor the 48 hour first right of refusal, but are making no repairs, i.e., take it as is.

Now bear in mind that my contract clearly states that if a written agreement about repairs isn't agreed to within 3 days after making the repair request to the sellers, the contract can be cancelled by either parties.

Conversation ensues...

Buyer Agent:  Well, I'm going to call my seller and see if she will remove the home sale contingency.

Me:  Didn't you already try that once before?

Buyer Agent: Yes, but now it's critical.

Me: Hmm, I see.

Buyer Agent calls me back: "My buyer said that she would remove the contingency but wants the repairs done.

Me: Well isn't that interesting.  Now that I have a better contract she wants to deal, but still wants the repairs.

Buyer Agent: That's right.

Me: No way, Hosea.  As is or nothing.

Buyer Agent: I guess I need to call my attorney then.

Me: Please have him call me.

Ring. Ring.

Dumbass, er, I mean Attorney (DAA): Mr. Murphy.

Me: Speaking.

DAA: We seem to have a problem with the contract for Agent Blah, Blah.

Me: What's the problem?

DAA: Well, you can't give a notice and not do the repairs.

Me: I can't?

DAA: Nope

Me: Have you read the contract?

DAA: (stutters) I don't have it in front of me.

Me: Well, I do and please allow me to read this to you.  "If Seller(s) does not give notice to Buyer(s) within the time period specified (3 days after receipt of the repair request), or parties do not agree, in writing, with regard to repairs, this Agreement shall be deemed voided and earnest money shall be returned to Buyer(s) in accordance with Alabama Real Estate License Law Rule #790-x-3-03(4)((5), unless otherwise agreed to in writ8ing by both parties."

DAA: I'll have to read the contract once I get it in my hands.  I'm kind of going blindly.

Me: Well, what I just read you is just what you will read once you get your hands on the contract.

DAA: It looks like I'm going to need to talk to your attorney.

Me: That would be great.  I've run this by him, oh, and by the way, he's been the corporate counsel for a $40 million dollar a real estate closing and title insurance company and he's in agreement with me on this.

DAA: Yeah, well we'll see.

Me: You must have a lot of money.

DAA: What do you mean?

Me: Your obviously going to change the Alabama statute and tell the Alabama Real Estate Commission's attorney's that they are idiots.  That's gonna cost you a lot of money.

..........buzz.....line goes dead.....DAA's connection must have gone bad...

Fast forward, next day....

Broker of the agent who called the attorney (BOAWCA): Todd

Me: Yes

BOAWCA: I just found out that you got called by an attorney.  I'm so sorry.  This matter should not have been handled this way.

Me: I agree.

BOAWCA: I will take care of this.  Don't worry about any more attorneys.

Me: Thanks, you're the best.

Fast forward to this morning....

Me, calling the attorney...ring, ring....

DAA: DAA speaking.

Me: Hey, DAA, I just have one thing to say to you.

DAA: And that would be?

Me:  Bite me.  (click)

(Okay, this mornings conversation really didn't take place, but I imagined what it would be like if it had. )