Q: I have a sales contract for my house. I wrote the contract with the Disclosure for an as-is sale. Buyer rejects
There are multiple initials and signatures missing from the contract, including hers is missing on the page noted above (AS-IS). Post-inspection and appraisal (for a USDA loan), she states that that disclaimer is not part of the contract, and means nothing.
In an addendum, different categories of needed repairs are listed, which she is demanding be done at my expense. $1,000 applies to one category, another category requires $1,000, and finally, $500. The 2-part question is, if the disclaimer (Maryland Residential Property Disclaimer Statement) was completed and confirmed by me, is it enforceable, and does this supersede any repairs required by the USDA loan program?
A: The contract is the last version that you both signed. Your earlier drafts don’t matter except to explain the contract. You need a lawyer to review your contract.
Did you treat the contract as "ratified," even with the missing items? Contracts grow and change, from the initial submission to the final document. Missing addenda and signatures may mean items were not agreed upon, or that simple mistakes were made. Your question doesn't allow for any more specific answer than that, unless and until a lawyer reads all the documents and interviews you about the transaction.
If you are using the standard MAR forms, there is a mandatory mediation provision, where such disputes must be brought before either side runs to court.
A: When a purchaser presents a contract to you, that is what is called an "offer." It's terms and addenda may not match the terms and addenda of your initital listing. The seller has options at that point: (1) reject the offer; (2) accept the offer; (3) counter-offer by accepting some of the changed terms while rejecting or modifying others. The question to you is, which if these three options did you choose? If you did nothing but treat the offer as placing your house under contract and then proceeded as if you had a deal, then you accepted the terms and addenda of the purchaser's contract offer. You need to take all your contract documents and emails/communications to a lawyer now and review what your contract consists of and what it does not. But from your description itappears that you accepted the offer made by the purchaser including any new and omitted terms.
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