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Rainmaker
1,617,916
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

That is a great question for your broker

Nov 18, 2016 10:00 PM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

attorney question

Nov 18, 2016 09:37 PM
Rainmaker
812,853
Paul Antonelli
Antonelli Realty - Saint Cloud, FL
Broker Owner; Antonelli Realty

only if unsigned by the seller.

Nov 18, 2016 08:14 PM
Rainmaker
1,499,518
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Best bet is to talk to an RE attorney.  This is way above my pay grade.

Nov 18, 2016 11:08 AM
Rainmaker
5,197,759
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Two separate contracts, separate issues. Beyond your pay grade. Consult an attorney

Nov 18, 2016 08:18 AM
Rainmaker
3,988,007
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

You are asking legal questions about contract enforcement and we are not to give advice out of our area of expertise. Ask an attorney.

Nov 18, 2016 08:10 AM
Rainmaker
5,583,178
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

consult with an attorney.... but you don't need a listing agreement to sell a home!!

Nov 18, 2016 07:08 AM
Rainmaker
1,598,452
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

Interesting question and answers. 

Jun 17, 2019 05:57 PM
Rainmaker
2,070,925
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL

No idea.

Jun 14, 2019 10:19 AM
Rainmaker
5,772,353
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Talk to your broker and an attorney.

Nov 20, 2016 01:40 PM
Rainmaker
2,352,880
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

I agree with Harry F. D'Elia 

Nov 19, 2016 11:16 AM
Ambassador
3,340,780
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Broker or Attorney question.  

Nov 19, 2016 03:17 AM
Rainmaker
4,800,082
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

It doesn't appear to be a valid contract from what you are describing.

Nov 19, 2016 01:07 AM
Ambassador
2,169,243
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Prop. Mgr, Wenatchee, WA

I am no attorney and my advice is worth what you are paying... nothing. My initial thoughts, though, would be:  If I understand correctly, the listing agreement was signed by the seller?   The purchase agreement was signed by both parties?  Just because a contract is voidable does not make it void.  If the seller signed the purchase agreement he/she is bound by the terms of the agreement.  The roof issue should have been addressed within the purchase contract.  

Nov 18, 2016 10:20 PM
Rainmaker
4,434,127
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Need legal advice.

Nov 18, 2016 09:37 PM
Rainmaker
5,096,966
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

This sounds like a question to be put before an attorney for resolution.

Nov 18, 2016 08:53 PM
Rainmaker
898,478
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

yes

Nov 18, 2016 07:57 PM
Rainmaker
1,027,602
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.

Is there an actual issue with one party to the actual ratified contract not wanting to perform?  If so, time to get a real estate attorney involved. The issue with the listing agreement is a separate issue. 

Nov 18, 2016 06:34 PM
Rainmaker
4,319,419
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

I am sure there are some legal terms that would protect the listing agent.

More of an attorney question, I think.

Nov 18, 2016 03:50 PM
Ambassador
5,205,500
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Do not pass go!  Do not collect @$200...DEFINITELY seek legal counsel!  

Nov 18, 2016 12:04 PM
Rainer
97,816
Carol Wilson
Your $imple Home - Toronto, ON

Attorneys are not cheap, but they know the relevant case law, if they work in the right field.  That's why you need an RE attorney.  Relevant case law means what courts have decided before, and in courts, they set precedents and most of the time, later court cases follow the same decisions as the earlier ones.  Case law can be helpful to know with questions like this.

Nov 18, 2016 11:53 AM
Rainmaker
1,712,551
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Talk to an attorney about contract law.

Nov 18, 2016 10:56 AM
Rainmaker
1,237,945
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Suggest you talk to a real estate attorney.

Nov 18, 2016 10:33 AM
Rainmaker
1,157,785
FN LN
Toronto, ON

Legal counsel familiar with this type of law for the relevant jurisdiction should be consulted.

Nov 18, 2016 09:46 AM
Rainmaker
2,224,473
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

I would have the parties involved consult with an attorney. 

Nov 18, 2016 08:58 AM
Ambassador
5,036,449
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

I would talk with an attorney about this contract

Nov 18, 2016 08:07 AM
Rainmaker
7,802,414
Roy Kelley
Retired - Gaithersburg, MD

Look at the terms of the executed contract.

Nov 18, 2016 07:54 AM
Rainmaker
4,558,734
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Consult an attorney.     

Nov 18, 2016 07:39 AM
Rainmaker
1,466,207
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

The seller signed the contract and it sounds like it was ratified. Time to check with an attorney.

Nov 18, 2016 07:09 AM
Ambassador
3,727,581
Patricia Kennedy
RLAH@Properties - Washington, DC
Home in the Capital

This sounds a little convoluted.  Bottom line - do the sellers want to sell to buyers who want buy?

Nov 18, 2016 07:05 AM
Ambassador
6,364,089
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

An attny can give you an educated opinion, a judge may be able to give you an answer, we can give you neither.

Nov 18, 2016 07:01 AM
Ambassador
2,680,399
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

  Probably not.  Two different contracts, between two different parties.  See an Attorney.

Nov 18, 2016 06:51 AM