How do you remove a Memorandum of Offer to Purchase

How do you remove a Memorandum of Offer to Purchase

Member since 2019 · 2 posts · 0 votes

My Ex husband is a North Carolina Realtor and came to me to see if I wanted to sell a piece of land I solely own. I bought while married to him and property was never acknowledged during the divorce. He said $10,000 is most I could get for the land and he said he had a buyer. I stressed to the Ex he has to bring me a buyer and it can not be him. I stressed to the Ex he could not make no more than $2000. I stressed to the Ex that I would not close unless everything about the deal was shown to me in writing. He agreed to the terms and sent me a one page offer to purchase showing his company is purhcasing the home and it closes by Oct 31. I told him I would not sell to him but he insisted he needed this offer to purchase signed to give him control to market the property and find a buyer. Dumb me I signed thru Docusign and 2 weeks after the fact realized he changed the dates to close to Nov 16. He also failed to deposit the $25 earnest money with an attorney until 29 days after the contract was signed. He and his lawyer produced a HUD with my Ex's company as the buyer! He claims first buyer walked away from the deal and now he wants the property to find another buyer. I said no that I would not sell to my Ex. He then presented a new HUD showing a man's name and no other info. No address, no sales price, no commision, no nothing on the buyer's side. I still said no I will not sell. I found out that he has filed a Memorandum of Offer to purchase to cloud my title because he is demanding $10,000. I also contacted some other Realtors and my property is worth over $32,000. I had an attorney draw up a letter demanding he remove the Memorandum but he will not repsond. My attorney said I will have to sue him in court and it could run me $10,000 or more to sue. I don't have alot of money to lose. I have my paperwork ready to turn in to the Board of Realtors. Do you know of a way to get my Ex to cooperate?

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  • Real Estate Agent · Austin, TX · Member since 2019 · 235 posts · 194 votes
    6y

    Go to his broker with the documentation that you have drawn up to bring to the board of Realtors.  If the original terms of the contract were not met you should be able to void the contract, however, you need to review the contract that the attorney drew up because their may be non-standard clauses in the contract.  

  • Member since 2019 · 2 posts · 0 votes
    6y

    My Ex works for himself so he is the BIC of his company. The contract I signed was never drawn up by an attorney...my ex is using a contract from one of the Wholesaling gurus out there marketing their crap for sale. My attorney sent my Ex a letter deeming the contract as null and void but my Ex is not responding to him or me and will not remove the cloud.

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    6y

    I never say these words, because in most instances it is not warranted. However in this specific instance I would contact the Department of State that holds his license. The board has no teeth but the licensing agency sure does. Keep all of your correspondences and document everything.

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