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A homebuyer thought everything was on track to close on a new house, until the sellers refused to sign the closing papers and threatened legal action.
The buyer shared their experience on Reddit recently, saying, “Everything was going perfectly! I guess it was going too well. Today the sellers were supposed to sign the papers… they did not sign, are very angry, and are threatening to sue.”
The trouble started when the sellers realized they had agreed in the contract to pay the buyer’s agent’s commission. The buyer said this clause was in the agreement both sides signed a month ago. “They apparently didn’t realize that. Now that they know that, they are mad and don’t want to,” the post read. According to the buyer, the sellers told them that unless they agreed to cover the commission, they would back out and sue.
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The buyer believes the contract is clear and enforceable but worries about losing the house, wasting money, and being pulled into a costly and time-consuming lawsuit.
Responses poured in from commenters, most urging the buyer to “call their bluff.” One of the top replies read, “They won’t be successful. You can sue them as well for not holding up their end of the bargain. That will tie their house up for months.”
Others recommended hiring a real estate attorney to send a demand letter or file a legal notice that clouds the property’s title and prevents it from being sold until the dispute is resolved. Many suggested suing for “specific performance,” meaning the sellers would be forced to complete the sale as agreed in the contract.
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Several people blamed the sellers’ real estate agent, saying it was their job to explain the commission arrangement before the contract was signed. Some suspected the sellers were trying to renegotiate at the last minute after seeing the final numbers, while others believed they simply hadn’t read the contract carefully.
The buyer shared their own theory about what happened, noting that the sellers are elderly. “From what my agent tells me, it’s the husband that’s the most angry right now,” they wrote, adding that the wife had struggled with the required disclosures earlier in the process. The buyer suspects the husband may not have reviewed the details until the day of signing.
Some noted that if the sellers back out, they risk being sued themselves and could face legal fees on top of the commission they were trying to avoid.
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While sellers have typically covered both agents’ commissions in the past, that has changed under last year’s National Association of Realtors settlement. Now, buyers are responsible for paying their own agent unless the parties arrange a different arrangement, which in this case is true.
For now, the buyer says they are in “battle mode” and not in a position where they must close immediately. This gives them time to pursue legal options if necessary. Whether the sale eventually closes or turns into a drawn-out legal dispute will depend on whether the sellers change their stance, or a judge orders them to.
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This article A Homebuyer Says A Smooth Sale Went Bad Because The Seller Didn’t Read The Contract. Now The Seller Is ‘Very Angry’ And Threatening To Sue originally appeared on Benzinga.com
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