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About John Hendricks
Expertise
As a California Realtor for 23 years practicing in Marin and Sonoma Counties, it is now time to provide counsel through AllExperts.com to those who need advise in real estate. My knowledge and experience includes a wide range of resale residential real estate purchases, new home sales, income related investment properties involved in 1031 exchanges, and land. Let me help you in any of these areas...

Experience
John Hendricks has established himself as one of Marin & Sonoma Counties premier Realtors. A native Californian, John is a well-known and respected Realtor in both Marin & Sonoma Counties who has resided in the Northbay since 1976. John began his real estate career in 1986, and since then has distinguished himself as one or Northern California's top producing Realtors. Before joining Frank Howard Allen Realtors, John was an associate of the Prudential California Realty from 1990-1992 where his outstanding sales achievements earned him one of the company's highest honors, the prestigious "President's Circle Membership", presented to the top 2% of associates for sales and earning excellence. Since his association with the highly regarded Frank Howard Allen Realtors in 1992, John has once again established himself as one of his company's Top 10 Producing Realtors in Marin & Sonoma Counties for the years 1993 through 2007 and now in 2008. Five continuous years of outstanding performance has now allowed John to join 15 other Realtors in the prestigious "Lifetime Hall of Fame" for Frank Howard Allen Realtors. John established a group of professional individuals who specialize in a variety of areas in real estate called, 'Lundmark-Hendricks Fine Homes' This group of professionals are dedicated to the success of representing clients with the greatest amount of care and service when either buying or selling real estate.

Organizations
California Association of Realtors National Association of Realtors

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Upon Request...

Awards and Honors
Frank Howard Allen Realtors "Hall of Fame Member" Chairman's Circle for 10 consecutive years

Past/Present Clients
Joe Louis & Sharon Sigurdson We want to thank you again for your excellent representation of interests during the recent purchase of our home in Petaluma as well as the sell of our home in Mill Valley. We had the unusual pleasure of working with you during the last year both as sellers and buyers. We felt that our interests were always paramount and that we received a very fair price for the sale of the Mill Valley house as well as our purchase of our new home. This speaks particularly well of you, because of the recent unstable and chaotic real estate market. Will Finke "Quite frankly, we came out of a very difficult situation, which time does not allow elaborating on. This was one of the greatest experiences of our lives as clients. John Hendricks is one of the top businessmen I have ever met." Bruce & Nancy Rosentreter "I chose John Hendricks to sell my house. I picked him because I thought he was professional, aggressive, and that he could get top dollar for my house. He fulfilled my expectations completely." Joy Schuelke "Since we were trying to sell a high end home in a very tough market, and in the middle of a very rainy winter, the prospects seemed quite bleak. I was convinced at the time, and am even more so now, that without John's tenure, patience, and tenacity, we would have not been able to move the property." Lynn McCarthy "I cannot stress strongly enough how impressed I was with the service provided to me by John and his group. Throughout the entire transaction, John was always available, always forthcoming with excellent advice based on his years of experience, and always willing to put in the extra effort to make this a positive experience for me. I feel lucky to have had the experience of working with him." Lea Lieurance-Turk "Thank you John for your outstanding real estate services for the past 5 years I have known you. You have made my dreams come true as far as selling and buying property."
http://www.LundmarkHendricksFineHomes.com

 
   

You are here:  Experts > Shopping > Home Buying/Selling > Buying or Selling a Home > Buyer wants out of contract

Buying or Selling a Home - Buyer wants out of contract


Expert: John Hendricks - 4/25/2008

Question
Hello! Our realtor found a buyer for our home. We went through about 6 counter-offers and we finally accepted. They have 5 days to pay earnest money of $2000 which they have not yet done, they still have a couple days. They found out there is a sex offender on our street and they do not want the house. Their broker gave them a sheet (I believe they signed it) giving the offender registery website and phone number, they chose not to use it until after signing the offer we accepted. Can they back out legally? If so, what is the signed offer for? Isn't that a legal contract? Neither realtor knows what to do. Shouldn't they know the laws since they write the offers? HELP! Thank you!

Answer
Dear Kim;

Thanks for your question…

I do not know the state in which you are selling your property, which has a great deal to with the disclosure laws that usually are part of the contract.

Being a California Realtor, our disclosure laws allows the buyers three days from the date of receipt of the disclosure of a material fact provided by the seller or Realtor to either agree or disagree. The buyer can within the three day disclosure period cancel escrow with no reason and have any deposits returned in full.

In California, there is an inspection period of time that is included in the contract. This condition allows the buyer to do their due diligence to inspect all related documents including the condition of the property, as well as investigate the files of governmental agencies to determine items that may affect their desirability of purchasing the property. This period of time usually is anywhere from 7 to 21 days from the date of acceptance of the offer. The buyer within that period of time would have to release their contingency or cancel the escrow. If they choose to cancel escrow, it can be for any reason, and they can cancel without disclosing their concerns. This is why your real estate agent should shorten these time periods for inspections, and immediately upon the release of contingencies, a predetermined increase of deposits that is negotiated in the contract would go into effect. This increase of deposits would help you feel more comfortable that you have a solid deal. If for some reason the buyer elects to cancel the contract after the release of all contingencies, they would stand to lose their deposit, if it was determined that the buyer breached the contract.

The laws in the state in which you are selling the property would dictate whether you would have to disclose any items that come to your attention to future buyers. In California, if you had knowledge that a registered sex offender was in your neighborhood, you may be required by law to disclose the potential problem. If you chose not to, the buyer may have the chance to sue you for the lack of disclosure. If the agent is aware of the situation, they would have to disclose by law the potential problem on their disclosure, or face the consequences.

If the real estate agents do not know the answer to your concerns, you have the right to contact their real estate broker/manager of their office. The broker is ultimately responsible for their actions and would review the contract, then advise you accordingly referring to the laws of the state in which you are selling the property. There is no additional cost for this service.

Regarding the deposit not being made within the 5 days, based on what you described, it appears they are not in breach of contract since they decided not to purchase your home.

Since I am a California Realtor, I would highly recommend you talk to your representing real estate broker to review all signed documents and advise you of your rights as the seller in this transaction. I wish I had better news for you under the circumstances, but it is the best I can do… Good Luck and I hope you get your home once again in escrow.  

Warmest Regards;
John Hendricks


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