A person who started out being a nice young man just called to assist us in signing the contract(s) and getting our money sent.
When I asked my questions, his response was that the contract cannot be altered or notations made in any way. I explained that that means that we have to lie, to sign or initial that we have been provided stuff, and read stuff, that we have not been provided.
I told him we have altered RE contracts many times, by handwriting in the corrections or notations, and both the seller and buyer initialing them. That is common, accepted RE practice.
As an example, one item says that without the legal description, the contract is not valid. Exhibit A, Legal Description, is blank. Another item says we have received copies of the preliminary title report, covenants and restrictions, etc., and we have not. One item says we intend to use the house as our primary residence, and they know it is to be a second home. We have to lie about those, and more.
He went away and spoke to his manager.
We discussed it again, and it ended with we need to sign the imperfect contract and say we were provided and read stuff we were not provided.
Cuz that's the way it is.
NOTE: The failure to perform the above will be considered a Buyer's default and may be subject to the damages as stated in the TERMS & CONDITIONS and the transaction terminated.
I also mentioned that I was not comfortable with the fact that there is an open house at the property this weekend, and the real live RE Agent could present an offer before auction.com does. I said there should a least be a moratorium on properties that get a winning bid, until the seller rejects that bid, like a pending contract. He agreed with that.
He also said the contract is slanted in favor of the seller. Duh!
It will now be sent to DW's email, so she can sign and submit it . . . once she gets home . . . she's visiting a friend/relative in hospital today. (Now done)
Part of the process is to send auction.com an email with the wire transfer instructions, when I do that tomorrow, and I intend to add to that a note concerning the things that we had to say we received that we did not, so it will be in writing at least somewhere.
They were not willing to put in writing any of the discussions we have had today. Not on chat or email.
When I asked my questions, his response was that the contract cannot be altered or notations made in any way. I explained that that means that we have to lie, to sign or initial that we have been provided stuff, and read stuff, that we have not been provided.
I told him we have altered RE contracts many times, by handwriting in the corrections or notations, and both the seller and buyer initialing them. That is common, accepted RE practice.
As an example, one item says that without the legal description, the contract is not valid. Exhibit A, Legal Description, is blank. Another item says we have received copies of the preliminary title report, covenants and restrictions, etc., and we have not. One item says we intend to use the house as our primary residence, and they know it is to be a second home. We have to lie about those, and more.
He went away and spoke to his manager.
We discussed it again, and it ended with we need to sign the imperfect contract and say we were provided and read stuff we were not provided.
Cuz that's the way it is.
NOTE: The failure to perform the above will be considered a Buyer's default and may be subject to the damages as stated in the TERMS & CONDITIONS and the transaction terminated.
I also mentioned that I was not comfortable with the fact that there is an open house at the property this weekend, and the real live RE Agent could present an offer before auction.com does. I said there should a least be a moratorium on properties that get a winning bid, until the seller rejects that bid, like a pending contract. He agreed with that.
He also said the contract is slanted in favor of the seller. Duh!
It will now be sent to DW's email, so she can sign and submit it . . . once she gets home . . . she's visiting a friend/relative in hospital today. (Now done)
Part of the process is to send auction.com an email with the wire transfer instructions, when I do that tomorrow, and I intend to add to that a note concerning the things that we had to say we received that we did not, so it will be in writing at least somewhere.
They were not willing to put in writing any of the discussions we have had today. Not on chat or email.
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