[quote=SD Realtor]Perhaps I did not understand the original post. It appeared to me that the poster was irritated because there were statements made to and agreed upon by both parties in the purchase contract and SIGNED by both parties and now the seller is reneging. Thus the buyer is seeking legal recourse. The question is, can he get it?
Typically if you are a seller in a short sale and you receive an offer you must not agree to costs AT THAT TIME. The listing agent should have advised to NOT agree to them and counter the offer at that time. You don’t agree to terms and then later say sorry I am broke I cannot pay for what I told you I could pay for.
Now will a court uphold it? Don’t know but there is no excuse for it even if the seller is broke.[/quote]
In rereading the post it looks like the op is asking if the purchase agreement (which likely assumes that a seller is able to convey clear title) is binding in a short sale.
It makes no mention of a agreed costs re HOA stuff. It looks like the “reneging” or “breach of contract” is the seller being unwilling to buy off a lien holder (which would be a normal thing). That is why the SSA or APA would normally be used.
Where do you see that they had an agreement regarding specific lien holder costs?
I suspect there is an addendum (ssa, apa, or otherwise) that addresses short pay situations.
If the listing agent suggested moving forward without it, then the agent stands to lose his license and the seller his money.
You’re right that one should not make agreements has no reasonable expectation to fulfill.
