Expert: Dottie Worthington - 9/17/2008

Question
My home was listed as a FSBO.  Unfortunately the buyer was an attorney who bullied me and harassed me about a contract for over 6 weeks, back and forth, told me that he was required by law to receive a buyer's agent commission simply because he was an attorney, which I found out later to be untrue.  At any rate, this has been a nightmare.  I just want out of the contract.  The closing was supposed to be yesterday, and I got an email yesterday morning where he is changing the loan terms so that he can put more money in his pocket.  Apparently the appraisal came in much higher than my asking price.  He wants to up the asking price of the house and up the amount I pay for his closing cost and "commission".  Then he wants to push the closing out 2 weeks.  I have everything packed and ready to go and we didn't close because all the paperwork has to be re-done.  Do I have to sign this amendment?  What happens if I decide not to close at all?  He has threatened to sue me for more than my equity in the house!  I have consulted with a real estate attorney, but he didn't help at all.  Certainly no FSBO anymore for me - I feel that I have been victimized by this guy.

Answer
First, he wouldn't be doing this if you had a REALTOR. I wouldn't pay him a commision no matter what. You do not have to sign the amendment. If he hasn't closed by closing date then he is in breach unless the contract says he can extend it without your signature. You need to get another attorney that isn't his "buddy" to look at your contract.