What can a real estate agent and broker require you to sign in a real estate deal?
February 5, 2010 by Editor
Filed under Real Estate FAQ
I am in escrow on some property in which the seller and his real estate agent were not very forthcoming in their disclosure statements. Through a third party I found out some things about the property that are detriments (such as occassional flooding) but I am willing to overlook them and still purchase the property. I have released all my contingencies and we have a close date set.
My real estate agent happened to tell the seller’s real estate agent that we found out some of these things on the property – most importantly about the flooding – and now the selling real estate agent wants me to sign a bunch of documents listing out what I found out as if she had told me about them. I don’t want to do it – it took considerable effort for me to uncover these issues and I have already signed off on contingencies. I don’t think I need to also let her off the hook as if she had disclosed these things to me – she did not. Can the realtor force me to sign these?
I am asking if a real estate agent can legally force me to sign informal and misleading documents in order to progress with the purchase? The seller and I have already signed all legal documents as outlined in our legal contract.
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Let her off what hook? If you’re still willing to purchase the property, even after knowing all the things that are wrong with it, where’s the hook? Unless you’re planning on suing one of them after the deal is closed.
If you don’t want to sign them, then don’t sign them but you’re likely to end the sale and possibly lose your earnest money in the process since you’ve already released all your contingencies.
I’m not sure what you are trying to accomplish by not signing them.
You have a LEGAL AND BINDING CONTRACT. all disclosures within the contract should be what the seller knows about the property. Now the other agent cannot FORCE you to sign anything. Basically what the agent is trying to do is cover his clients ass- if the selling side has a problem with it you can always take it before arbitration (see how they like that). Either way the selling agent is not within his rights to present other docs. for disclosures, nor do you let them off the hook. You will have no recourse if you do. Hope this helps.
I don’t believe they can force you to sign them. Discuss with your closing attorney with regards to any liability you may suffer in the future because of these problems. Had you known in advance, you might have offered a lower price, since fixing them in the future will be your cost and not one that you can toss over to the Seller. In fact, if the Seller has not offered you a one year Home Warranty, this will be the time, in lieu of the other documents. Make sure it covers as many items as possible, from appliances, to heating system to plumbing.
Force you, you can walk away from the deal, you must ask what els have they lied about?