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Tax, SDIRAs & Cost Segregation

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Jay Meola
  • Deerfield Beach
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Can a seller have the same house on 2 contracts?

Jay Meola
  • Deerfield Beach
Posted Mar 4 2021, 16:46

Hello all. I really need some immediate help.

Quick back story....

My mother in law has a house under contract which she will be paying cash. The HOA initially denied her. After contacting fair housing the reasons were deemed inappropriate and they immediately threw away the denial, (Within hours). The HOA contacted her and are having her resubmit all the forms, after apologizing to her for the "misunderstanding." They also contacted the sellers agent to notify them of the change. The closing date is set for the 15th of March. A few hours later the sellers agent calls her to notify her that the owner has had another couple sign a contract and set up an inspection for the following day!

I dont know much about this but this can't be legal can it? My mother in law is not working with an agent. Please help. Any and all 8nformation and advice is immensely appreciated.

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Taylor L.
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  • Multifamily and Self Storage Investor
  • Richmond, VA
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Taylor L.
Pro Member
  • Multifamily and Self Storage Investor
  • Richmond, VA
Replied Mar 4 2021, 17:07

Sounds like major misbehavior on the seller's agent's part. They already stepped in it with a potential fair housing violation. I would call the fair housing lawyer again and explain the situation.

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Jay Meola
  • Deerfield Beach
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Jay Meola
  • Deerfield Beach
Replied Mar 4 2021, 17:16

@Taylor L. Thank you for your response.

Yes! That's what I was assuming. The sellers agent contacted my mother in law and told her she'll be talking to her legal department to figure out the best solution. Sellers agent sent her a notice of cancelation, but it was never signed and sent back.

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied Mar 4 2021, 18:02

Your mother is still in contract, assuming no deadlines have been missed. It is the seller who is in a pickle...since he has a contract with someone else, I assume because he thought your mom’s contract was dead. 
I’d talk to an attorney about recording an Affidavit/Memorandum of Contract, to make it difficult for them to sell yo someone else. 

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Jay Meola
  • Deerfield Beach
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Jay Meola
  • Deerfield Beach
Replied Mar 5 2021, 04:35

@Wayne Brooks

Thank you for your response. I will pass that info on to her!