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In RE transaction, agent tells listing agent that buyer agrees to close on house even after low appraisal comes in. Binding?

Columbia, SC |

I am RE broker and personally owned 2 houses which I placed on market for sale. Another agent procured sales agreements on both houses (same buyer) with a reduced price for buying both houses. One of the houses' appraisal came in under purchase price. Buyer's agent communicated verbally to me that despite low appraisal the buyer planned to close anyway even if he had to pay additional sums out of pocket. Closing date same for both properties. He closed on one house and his daughter moved in. His agent stated at closing that he would be closing the 2nd house in a week or two. Daughter unhappy with house she moved into; claims inspector missed items. Buyer seeing that his daughter was unhappy then failed to close on the 2nd house. Contract binding?

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Attorney answers 3


Show the contract to an attorney there. No one can guess what is in it.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.


You need to schedule an appointment to have an attorney review the contract.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.


No. Contracts for the sale of land in SC must be in writing (Statute of Frauds). However, if your written RE contract had no contingency regarding appraisal value, then the written agreement is enforceable.

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