Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

It's not enforceable and it's not a contract unless it's in writing and signed by all.  A Realtor should never allow this to happen.

Sep 02, 2015 02:37 AM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

Dovorany's I agree that it's not a contract if it's not in writing.  I disagree that a Realtor® should never "allow" this to happen.  As any Realtor "should" I give ALL of my clients the very best of advice accompanied with reasons why I'm giving the advice.  What I can't do is force them to take the advice.

Sep 02, 2015 02:42 AM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

The difference between what a client thought they heard and what is actually on the Contract can be amazing, Charita Cadenhead.  As you say ... get it in writing.  There's no commitment or legs to enforce it otherwise ...

Gene 

Sep 02, 2015 03:07 AM
Dick Greenberg
New Paradigm Partners LLC - Fort Collins, CO
Northern Colorado Residential Real Estate

Hi Charita - Of course we do that - there's no contract otherwise. But on occasion, we get an objection from the lender, who doesn't want a particular item, like an attached document, or a large, non-attached inclusion, say, a grand piano, in the contract. And they don't want any side agreements either, so we have to take these on trust. And if our clients get burned, we have to step up and make it right. But the big stuff - always in writing.

Sep 02, 2015 03:19 AM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

That's what I'm saying Gene.  The wise buyer will take heed.  The risky buyer, well, will assume the risk.  But with so much on the line, you'd have to put it in writing for me.

That may be true Dick, but in 9 years, I can only recall once where a lender objected to an inclusion and in that case rather than including it in the contract, the buyer purchased an item from the seller and thus created a bill of sale.

What I'm really referring to is seller's objections to putting it in writing.  Once it's removed in writing and the buyer wishes to proceed, we move forward and hope for the best.  If things turn sour, we still work to our client's best interest and advantage, sometimes it works, sometimes it doesn't.  But when the deciding factor is what's on paper, well............ what can I say?

Sep 02, 2015 03:26 AM
Anna Banana Kruchten CRS, CRB, Phoenix Broker
HomeSmart Real Estate BR030809000 - Phoenix, AZ
602-380-4886

Charita - put it in writing! Period.  That is how we deal with contract issues and have for years.  There is no such thing as a verbal agreement when it comes to contracts. I teach agents - you mess this up and your checkbook comes out - as it should.

Sep 02, 2015 03:42 AM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

I agree Anna.  There is just no way you can go wrong by putting it in writing.

Sep 02, 2015 05:42 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

It's nothing if it is not in writing and signed by all parties. When I get an email from an agent regarding terms ... I ask them to put it in writing so I can present it to my client.

Sep 02, 2015 06:03 AM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

I do the same thing Kathleen, but depending on what it is, I consider the email to be the "in writing" requirement.  But I always feel so much more comfortable if it's something that the seller or buyer has put pen to paper.

Sep 02, 2015 06:06 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Excellent advice, Charita. If it's not in writing proving it is extremely difficult.

Sep 14, 2015 05:39 AM
Sussie Sutton
David Tracy Real Estate - Houston, TX
David Tracy Real Estate for Buyers & Sellers

I have to agree if it is not in writing and signed by all then it is not a done deal.

Nov 11, 2015 12:43 PM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

I just makes sense.  Why risk a misunderstanding or miscommunication when it can be put in writing to make terms crystal clear.

Nov 12, 2015 02:34 AM