Expert: Jessica Bryan - 3/27/2008

Question
i wasn't able to close by the closing date because the seller waited until the last minute to do the repairs.  He cancelled the contract.  I made a second offer with a loan commitment and requesting that the one item be repaired prior to settlement.  i could settle in less then a week, however, the listing agent or seller refuses to acknowledge my second offer written several weeks ago.  He is upset that we did not settle per the contract  date.  I could had settled by then if the property was in tip top shape and would pass the final inspections.  Is there anything that I or my realtor should do in this case.  His broker refuses to intervene and they do not answer my second offer and the house is still on the market.

Answer
Dear Alicia;
The Seller does not have to acknowledge your offer. Clearly, if it has been several weeks the seller isn't interested in accepting your offer. However, if you want to make sure that the seller is perhaps still considering it, you can amend the offer by stating that the offer is only good until a certain date and time.  Once that time is reached the offer is withdrawn.  Then, if the seller doesn't respond, you know that the offer is being ignored and you are free to move on to another home.  I would also like to point out that the offer that is currently on the table is not truly open-ended.  You are free to withdraw the offer at any time by informing the seller (in writing) that the offer is now withdrawn.  Once this has been communicated to the Seller you are free to cancel your earnest money check (providing it hasn't been deposited) and move on.

Best Wishes,
Jessica Bryan