Seller signing multiple contracts

[Carlos Carrion]

I have a property under contract with a memorandum filed on the clerk of courts. It is tenant-occupied and proper notices were delivered for the tenant to vacate. The seller informed me that she had received multiple calls from people offering more money after we contracted and all of a sudden showed me a contract signed with a Signature Certificate dated 11 days prior to mine and stated that she totally forgot about the first contract. This contract has a clause stating "OTHER AGREEMENTS. Seller shall not enter into an agreement or contract to purchase with anyone else concerning the property from and after the contract date. Should Seller participate in another agreement which will interfere with close of escrow, Seller will be responsible for any and all costs and losses to Buyer." We have escrow in place, filed a memorandum, and have a buyer lined up. What is a posible solution here? 

[Wayne Brooks]

@Carlos Carrion I’ve never seen or heard of a “signature certificate”….sounds like some guru wholesaler made up thing. But, you have either a whackadoo seller, or a seller playing games. This sounds like a mess that’s probably not worth pursuing as I assume both you and the other buyer are wholesaling and this likely wouldn’t go well in front of a judge should you try to enforce the sale.

You could just back off and see if the other guy actually closes, if you still wanted to deal with this seller.