Mary Rogal (Keller Willaims)

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Rainmaker
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Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

It depends on contract wording and state law... speak with a real estate attorney.

Sep 04, 2016 12:39 AM
Ambassador
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Point out that having the home sold will open up more future options, assisted living, senior housing, etc.

Your and your client's best course may be to continue with the agreement that they have committed to.

Sep 04, 2016 04:22 AM
Ambassador
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Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

I think it's attorney time

Sep 04, 2016 12:33 AM
Rainmaker
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Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

A similar question was posed to our AAR legal hotline: could a buyer cancel a contract during inspection period solely due to a health issue? The answer was probably not because the cancellation would have to be a reasonable disapproval of something directly connected to the home itself. You're going to need an attorney for this one.

Sep 04, 2016 12:13 AM
Rainmaker
1,523,566
Sybil Campbell
Long and Foster REALTORS® 5234 Monticello Ave Williamsburg, Virginia - Williamsburg, VA
REALTOR® ABR, SFR, SRES Williamsburg, Virginia

My best advice is talk to your broker or a real estate attorney.

Sep 04, 2016 04:59 AM
Rainmaker
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Richard Weeks
Dallas, TX
REALTOR®, Broker

Best to talk to a real estate attorney.

Sep 04, 2016 12:32 AM
Rainmaker
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Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Yes you may have recourse through the language in the exclusive listing agreement. The buyer could sue for specific performance, but it is difficult to get a verdict! Best advice, seek the advice of an attorney with copies of all agreements in hand!

Sep 04, 2016 12:14 AM
Rainmaker
1,367,527
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Mary Rogal It's time to speak with a real estate attorney.

Sep 04, 2016 12:04 AM
Rainmaker
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Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

You're going to need a lawyer to answer that one for your state

Sep 05, 2016 02:16 AM
Rainmaker
3,977,717
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Sure,but maybe a bit of compassion may be in order

Sep 04, 2016 11:36 AM
Rainmaker
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Corinne Guest
Corinne Guest, REALTOR® | Barrington Realty Company - Barrington, IL
Barrington Lifestyles

Pretty much in agreement with everyone, if it's a binding contract, talk to an attorney or be prepared to be sued.

Sep 04, 2016 08:32 AM
Rainmaker
1,157,264
FN LN
Toronto, ON

You should define abbreviations that are local to your area but not used in other areas.  Read the Executed AOS to determine if recourse is available.  Also, refer your seller to your seller's legal counsel for advice since this is outside the realm of a real estate agent's scope, at least in my area.

Sep 04, 2016 06:51 AM
Rainmaker
2,426,419
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Yes of course...comfort and assure this person and let them know you are standing by to help at anytime. Remember: It is not what one has but how he came to have it. The is more going on than contracts in the Real Estate world

Sep 04, 2016 04:37 AM
Rainmaker
1,508,307
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Real Estate

Love it when you expect everyone to know what an AOS is.

In IL, they could be sued for specific performance. Court forcing the seller to complete the sale.

Sep 04, 2016 04:19 AM
Rainmaker
4,796,551
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

This is a good question for an attorney.

Sep 10, 2016 11:48 PM
Rainmaker
3,766,912
Dorie Dillard CRS GRI ABR
Coldwell Banker United Realtors® ~ 512.750.6899 - Austin, TX
Serving Buyers & Sellers in NW Austin Real Estate

A real estae attorney needs to be called to clarify.

Sep 05, 2016 09:52 PM
Rainmaker
1,478,411
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

What state you are in? Are all contingencies removed? Health issues sounds serious and if they need to cancel, they can back up any time. Yet, they might loose money( liquidated damages, 3% in CA) if all contingencies are removed. 

Sep 05, 2016 04:40 PM
Rainmaker
1,212,814
Ryan Huggins - Thousand Oaks, CA
www.HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Best check with an attorney there.  Sellers can't just change their minds like buyers can.

Sep 05, 2016 02:40 AM
Rainer
211,934
Jessie Cochran
Counts Real Estate Group, Inc. - Panama City, FL
Panama City Realty Group

Time to call a local real estate attorney Mary - good luck with that. IMO though, even if you do have recourse, are you sure you want to hold someone in poor to the contract?

Think what would happen if the shoe was on the other foot!

Sep 05, 2016 02:24 AM
Rainer
97,766
Carol Wilson
Your $imple Home - Toronto, ON

 Hi, Mary Rogal, welcome to ActiveRain.  You have a valid question there, and got some good answers.  I just wanted to say that although there was some frustration about the AOS abbreviation, you were watching and fixed it right away.  

Please do not think we are unforgiving, because this is a great group of people, a very positive bunch...and you have owned the mistake (minor as it was).  I hope you will let it go and allow yourself to ask other questions.  It's not as though we don't make any mistakes, lol!   :  )

Sep 05, 2016 01:19 AM
Rainmaker
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Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Geneva Financial, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

Speak to your attorney

Sep 04, 2016 11:48 PM
Ambassador
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Harry F. D'Elia
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

I would check with your broker.

Sep 04, 2016 11:35 PM
Rainmaker
3,049,971
Tony and Suzanne Marriott, Associate Brokers
BVO Luxury Group @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

time for an attorney!

Sep 04, 2016 10:11 PM
Rainmaker
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Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Follow the terms of the contract.

Sep 04, 2016 08:24 PM
Rainmaker
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Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Seller might want to consult with an attorney. Maybe a release can be negotiated. Maybe EMD can be returned to buyer, and buyer will understand situation and find another house? If I was sellers agent, I wouldn't charge anything.

Sep 04, 2016 07:35 PM
Ambassador
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Mary Rogal - some good suggestions - and the best one I think is, check with the attorney.

Sep 04, 2016 04:11 PM
Rainmaker
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Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

What does AOS stand for?

Sep 04, 2016 01:45 PM
Rainmaker
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Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

So much depends on the contract. In Oregon, the seller does not have any backouts.  However, asking the buyer to accommodate a true need may have success.

Sep 04, 2016 11:47 AM
Ambassador
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Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

This is a question for a local real estate attorney.

Sep 04, 2016 10:21 AM
Ambassador
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Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

Have your seller speak with an attorney. 

Sep 04, 2016 10:09 AM
Ambassador
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Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

A contract is binding and to see if there is recourse for breach have an attorney advise your client. Never render a personal opinion.

Sep 04, 2016 08:00 AM
Rainmaker
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Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

It might be covered under "force majeur" if applicable. Consult an attorney.

Sep 04, 2016 07:29 AM
Rainmaker
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Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

attorney is the next phone call....

Sep 04, 2016 07:11 AM
Rainmaker
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Diana Zaccaro
Tropical Beachside brokered by eXp - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

That is a legal question and the answer will vary from state to state. Time to gather all your documents and meet with a good real estate attorney.

 

Sep 04, 2016 05:56 AM
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Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

A question best asked to a real estate attorney.

Sep 04, 2016 05:41 AM
Rainer
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Mary Rogal
Keller Willaims - Lehighton, PA

Sorry if I offended anyone.  Not thinking that all of the states refer to things differently.  In our area of Pa., it is commonly referred to as an agreement of sale.  Thanks for all the advice.  I do have a call into a Real Estate Attorney for their opinion. 

Sep 04, 2016 05:33 AM
Rainmaker
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Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Doctors letter and justify reason, can not afford due to loss in income etc.

Sep 04, 2016 03:37 AM
Rainmaker
3,246,879
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

 It depends.  What does your AOS say? 

Sep 04, 2016 12:51 AM