Expert: Sue Bernstein - 11/12/2005

Question
Hello Sue,

Today we had an open house and accepted a contigency with a realator.  Being the first time we sell a home, we thought it was a good offer.  After we signed the contigency we had 2 offers on the house that was higher and would not have to pay the 3% commission the realtor was asking.  She did ask us if we wanted her to represent us and if so to sign some paper work and we told her no.  My questions is...Is ther any way to back out of this contigency?

Answer
Patti,

I really can't answer that without seeing the contract. Were you selling the house by yourself without the benefit of an agent representing and advising you?  Were the 2 offers you got later written?  If they were not written or if they were not represented by an agent I would be very careful that they be written with all the protections you need.  Why not ask them to submit a back-up offer so that if anything happens with the first offer you can immediately go into escrow with one of them?  That way you can also find out if they are for real.  If this is your first experience selling a house I would definitely recommend you having an agent represent your interests.  It may be the best money you can spend and save you money in the long run.
Good luck and I hope this helped.


Sue Bernstein