
07-11-2013, 12:40 PM
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Senior Member
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Join Date: Sep 2011
Location: Living in Buttonwood. lived in New York our entire lives.
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Contingentcy
Quote:
Originally Posted by OpusX1
You may be able to have a contingent contact on a pre-owned if the owner/seller agrees but they will not take any contingencies on a new build.
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We bought our pre-owned home in the Village of Amelia. We had airline tickets, for 5 days after we signed the contract, to go home to New York, where we were in Contract to sell our home there. Our contract here in The Villages, was "Contingent" on the sale of our home in New York. The morning after we got home, we got a call from our Real Estate person in The Villages. He informed us that the owners of the home in Amelia, had been showing the home we were "In Contract" with, during the 5 days we were still in The Villages....this being after we and they, signed the sontract. He stated that since our contract read "CONTINGENT UPON THE SALE OF OUR HOME IN NEW YORK", the owners here were legally allowed to show the home, without telling us, while we were there for the extra 5 days. They got an offer for a higher amount. We were told be had 72 hours to do two things....1st, meet the additional amount, and 2nd, take out the contingency from the contract. This is called a DROP OUT CLAUSE". The theory being if we kept in the contingency, and our sale in New York fell through, we'd be able to get our deposit back. So, the owners want to have a backup also, so if we get our deposit back, then they have the right to show the house, get someone else, and give us the choice to meet the higher price AND also take out the contingency. This was not told to us when we put the contingency in the contract, and had the owners of the home sign it. Needless to say, we DID NOT go through with the sale. We felt violated, and did not feel this was a good start for this sale. Please make sure to ask about this DROP OUT CLAUSE" BEFORE YOU GO AHEAD WITH ANY CONTRACT. We're happily living in Buttonwood now. I guess things do happen for a reason. Good luck with your new home. Trish
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