Leland, NC asked in Real Estate Law for North Carolina

Q: I recently backed out of a purchase of a condo in the State of North Carolina.

I signed paperwork online but tole my realtor to hold the papers til I could come in and review what I signed and possibly remove a signature or revise what I signed. I also held my earnest money (but was willing to pay) and hold my due diligence until paperwork was reviewed (also willing to pay). BUT when I backed out on the day I was headed to the office, I was told I still owed the due diligence. They submitted my paperwork before I could review what I signed with them. I tried to cross all my T's and dot all I's but I feel like I got screwed. I refused to pay the due diligence and my realtor told me if I didn't pay, he was gonna get stuck paying. I was furious they did not wait til I came in as they were instructed. I felt cornered and paid. Question is was I screwed and can I get my money back and was that true that my realtor would have to pay DD. Wouldn't it fall to the seller to sue me for the DD money?

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1 Lawyer Answer
Ben Corcoran
PREMIUM
Ben Corcoran
Answered
  • Yadkinville, NC
  • Licensed in North Carolina

A: Since you instructed your realtor not to send the signed papers over, and they did, then you likely have a case against them. I would advise that you speak to a local real estate lawyer, preferably one who also does some civil litigation. They can give you a better idea of your options. I suspect that you cannot be forced to pay the DD as you never intended the contract to be delivered.

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