Cave Junction, OR asked in Contracts and Real Estate Law for Oregon

Q: Do we legally have to deal with an individual whose name is not included in the offer to purchase our property?

I feel as though we are now part of the potential buyer's personal drama and it is very unsettling. The individual in question is apparently the legal spouse of the person who made the offer. The individual who made the offer was pre-approved for a home loan in his name only. Must we interact with her? To put it bluntly she appears to have mental issues. She had an emotional meltdown in our home the day after we signed the offer. (She came with the real estate agent, four minor children and her sister to "show them" our home and surrounding grounds. She appeared to be looking for problems. She did reveal, after her meltdown, that she suffers from anxiety and one of her children suffers from seizures). It is alarming that we should be made to deal with this situation.

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2 Lawyer Answers
Daniel DiCicco
Daniel DiCicco
PREMIUM
Answered
  • Portland, OR
  • Licensed in Oregon

A: Just go through your agent and don’t deal with them directly. You only have to allow them an inspection once under a typical contract. Refer all inquiries to your agent and you’ll be good. If you are not represented then only deal with their agent.

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered

A: Legal answer: Unless the potential buyer's spouse has signed the offer she has no legal right to interfere into the process; if her husband decides to buy the house, his spouse cannot lawfully upset the deal. However, from a practical view, this appears to be a very volatile situation that may not end well if it continues along the present path. Surely there are other potential buyers? Hire a good lawyer to help you, if you decide you need to get out of the contract.

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