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Breach Of Contract | pricing Blog

Friday, April 26, 2019   /   by Pamela Glende

What is the buyer’s final walk through? What should a seller expect?

So, you’ve gone through the process of selling your home. All contingencies have been satisfied and the appraisal has been completed and your listing agent let’s you know that “we are clear to close”. Relief is what you are feeling, then your agent tells you the buyer needs to do their final walk through before signing for the home. The stress returns. It really doesn’t need to be stressful.
Here are some tips that will help you to be prepared:
1.       Make sure that you have completed all agreed upon repairs. Supply any receipts for work completed to your agent so she can get them to the buyer’s agent. During the final walk through the buyer will be checking that all agreed upon repairs have been completed. You have until 3 days before closing to complete these repairs. Make sure that if a licensed contractor was supposed to do the work, that you did indeed use a licensed contractor. Other repairs that didn’t s ...

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Wednesday, April 17, 2019   /   by Elizabeth Sorensen

Selling Your Home is Like Brain Surgery

Selling your home is a big deal. The decision to do so is usually not a quick one and the thought of selling your home can cause a series of mixed emotions- scared, excited, nervous, sad and a plethora of others.


Many home sellers decide to sell their home on their own in an attempt to save on real estate commissions and rightly so. This seems logical and the process seems easy enough- especially if this isn’t your first rodeo.


I often liken the selling process to brain surgery. You do everything you can to ensure it goes smooth but when it doesn’t you want a team of experts ready to 1) foresee the problem before it escalates 2) possess the knowledge and skill to navigate the situation and present the options 3) act decisively and confidently to handle any emergencies 4) remain unemotional and in control at all times 5) have compassion for those under their care.


The selling process involves so much more than just hanging a sign in your yard, taking some gr ...

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Monday, March 11, 2019   /   by Elizabeth Sorensen

I Just Signed Papers...When Does The Buyer Get Possession Of My Home??

Every Buyer is waiting for that moment when they finally get keys to their new home and get to start moving in. However, it is important for both buyers and sellers to understand at what point the transfer of possession actually happens.

In the purchase and sale contract, this point is called “Time of Possession”. This is the time of day that possession occurs on the date of possession. Closing is the moment in time when the deed that is conveying title to the buyer is recorded at the courthouse and the seller’s proceeds are available to the seller. This may happen the same day as “signing” or a day or two later.

All time deadlines in the contract occur on the date stated AT the time of 9:00 pm. Closing may occur at anytime during the day- maybe 3:30, so why does the buyer not get possession of their own home until 9:00 at night?? For the Buyer to get possession whenever recording occurs, whether 10:00 AM or 3:00 PM, would give no certainty to the ...

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Monday, March 11, 2019   /   by Elizabeth Sorensen

But I Don’t Want To Sell My Home Anymore!

I recently had a Buyer who, several days after negotiating a purchase price for a home and then signing a contract, had the seller decide that they didn’t want to sell their house after all.  

The Sellers had been going through a messy divorce for about a year, and now had started working things out. Now that they were getting back together, they decided they didn’t want to sell their home.

Once the buyer and Seller have a mutually accepted contract for the sale of a home, may the Seller change their mind and decide not to sell? What are the ramifications to the seller if they indeed refuse to sell? Unless the seller has a contingency in the contract that allows for them to terminate- such as a short sale contingency, then the seller will be in breach of the purchase and sale agreement if they refuse to close the transaction. The Buyer will have a claim against the Seller, which will have the potential for “Recovery” either in the form of damages or ...

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