georg jetson
Regular Member
If the offer is not accepted then there is no contract between buyer and seller. The only contract that can be enforced in that case is the one between the seller and the agent. The agent can sue for his/her commision.
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Annoyance with Anti-Gunners.
- Thread starter 7om5hipp
- Start date
If the offer is not accepted then there is no contract between buyer and seller. The only contract that can be enforced in that case is the one between the seller and the agent. The agent can sue for his/her commision.
Seller and agent have contract. Buyer offers to buy in full compliance with terms of listing. Sellers refuses to perform.
Agent has loss - can sue if commission not paid.
Buyer has loss - can sue if offer to buy is not accepted
Means: Sue for specific performance. I have seen this done successfully.
http://www.biggerpockets.com/articl...a-successful-lawsuit-for-specific-performance
Are you sure about that? I see this as a maze in the grey area of the law.
While the home is for sale, doesn't the owner still have the right to say if firearms are permitted or not?
If they still live there I think they have that choice. Kinda like smoking. They can say "no smoking" and be accepted as legal.
I imagine that if they still live in the home they can say no firearms. However if they do not live there any longer I don't think they can say that. Likewise if they have the home for sale and feel uncomfortable with firearms, they can always go to the store while you're there.
One argument I can nearly guarantee will come up though is if you feel THAT uncomfortable viewing a house for sale that you must have a firearm, don't go in. Personally, if my home is for sale and you come to look at it because you're considering buying it, I don't care if you're CCing or OCing (just no rifles or shotguns). Hell, Grapeshot if you came to my home OCing, it wouldn't bother me any. Just buy the damned place already, alright?
While the home is for sale, doesn't the owner still have the right to say if firearms are permitted or not?
If they still live there I think they have that choice. Kinda like smoking. They can say "no smoking" and be accepted as legal.
I imagine that if they still live in the home they can say no firearms. However if they do not live there any longer I don't think they can say that. Likewise if they have the home for sale and feel uncomfortable with firearms, they can always go to the store while you're there.
One argument I can nearly guarantee will come up though is if you feel THAT uncomfortable viewing a house for sale that you must have a firearm, don't go in. Personally, if my home is for sale and you come to look at it because you're considering buying it, I don't care if you're CCing or OCing (just no rifles or shotguns). Hell, Grapeshot if you came to my home OCing, it wouldn't bother me any. Just buy the damned place already, alright?
Yep, I'm sure of it in accordance with VA & NC laws/courts where I have been certified as an expert witness - different states, different laws & still subject to judge's decision.
Situation is that an MLS listing (Board of Realtors) is a contract. Refusal to accept/endorse such an offer in accordance with those terms creates liability, both for the agent's commission for providing a ready, willing and able buyer + liability for purchaser's loss and expenses thereof. Practically speaking, it likely would be prohibitively expensive to file suit.
If I neither wore shirt or shoes and wanted to see and/or buy your home, I best be allowed to do so unless you listed those as qualifiers on your contract with the agent.....safety considerations aside. If OTOH, I were doing something already illegal (i.e. wearing a mask) then you would probably be on safe ground.