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Updated about 3 years ago on . Most recent reply

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Zulu Black
  • New to Real Estate
  • New York, NY
5
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21
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Seller Calling to switch attorney or deal cancel

Zulu Black
  • New to Real Estate
  • New York, NY
Posted

I recently put down an offer on a property and it was accepted. As I was doing my due diligence, I got a called from a seller (also a RE agent) and told me she does not want to work with my attorney because of a known rep of him slowing things down and somehow jacking up the seller side legal fee. She even threaten to cancel the deal even after the contract has been signed if my attorney starts his usual "habits". I am honestly quite shocked about this. 

What should I do in this situation? Should I consider switching attorney to make things smoothly? I've never worked with my attorney before and I haven't signed a retainer agreement with my attorney yet. Found him online with good decent review. 

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Charlie MacPherson
  • China, ME
4,014
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Charlie MacPherson
  • China, ME
Replied

@Zulu Black  The seller doesn't get to dictate your counsel, especially after the property is under contract.  Nor can the seller "cancel the deal" for any reason other that failure on your part to perform or other contingencies that are listed in the contract.

At this point - assuming that the contract has been fully executed and especially if the EMD has been tendered, the contract is binding. Neither party gets to add or remove terms without mutual agreement.

If it were me, I would share the agent's comments with your counsel and let them take it from there.  For all you know, your attorney might have caught the agent in some bad/illegal /sleazy acts before and the agent still has bad feelings about getting caught, suspended and/or fined.

With a seller like this, be absolutely certain that you hit all of your deadlines and follow the contract to the letter.  She sounds like potential trouble.

Good luck!

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