Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 7 years ago on . Most recent reply

User Stats

8
Posts
5
Votes
Ryan Magnano
  • Ormond Beach, FL
5
Votes |
8
Posts

Seller took second offer while under contract

Ryan Magnano
  • Ormond Beach, FL
Posted

Hey, everyone.
I'm buying my first property. I got the property under contract. I had a 45 day contingency to secure financing. I'm in Florida and the contract was a stand FAR/BAR contract. I'm a Realtor and the seller is nonlicensed but listed the property on the MLS through a flat fee company. Shortly after going under contract my financing fell through. I told the buyer that my financing fell through, and asked if he was open to owner financing. He said no, and I told him that I would be reapplying for another loan, and even if I didn't get approved I would still close in time with a private loan.

He accepted another offer a couple of days ago, even though I told him I would still close on the property and that our contract was still valid.

Am I still able to demand that the seller perform? What happens if he doesn't? Just wondering where this will go from here.

I'll be calling my lawyer on Monday, but in the meantime I wanted to hear some opinions and get some discussion going.

Most Popular Reply

User Stats

23,418
Posts
13,508
Votes
Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,508
Votes |
23,418
Posts
Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

You’re an agent, you should know this....read paragraphs 15 and 16 I believe it is.

Loading replies...