Kelley,

That is a delicate situation you are in and perhaps you should ask your broker or your office attorney to guide you through your predicament.

Food for thoughts for the next time something similar ever happens again: Prepare a Sales and Purchase Contract an prepare on your letterhead stationary an outline of the contract stating all the terms and conditions of the contract. Have the Seller's Agent email his Seller everythig (also have him Bcc it to you as proof) and instruct the Seller's Agent to have his Seller to sign and date only the outline and for the Seller to fax it back to his agent.

That way you have something substantial to fall back on when the poop hits the fan.

Good luck.

John

Wow! What a sticky situation. I would go to your broker also and please keep us up to date on what happens? I would like to know, I had a similar situation, where my seller was in Kuwiat in the Navy. He accepted via phone and we had 3 offers that came it later. 2 were higher, but my seller did what he thought was right. He verbally accepted and said to bad for the others.

Todd

For you clients sake, I do also

Kelly, the one thing I have learned early in this business is if you are dealing with another agent, get it on paper. We never have any idea of what the other agent is like. For that matter, we never know if our offer is being delivered to the seller. I hope it turns out well for you.

Kelly, I feel for you and your clients.  and I hope the sellers "keep thier word", but don't count on it.  I am glad you are talking to your attorneys, etc. for some remediation.

Since I work in a very transient, military town, I am used to working long distance.  and I always warn all parties that until I have a signed contract in my hand, anything can happen.  Of course, I would push to the other agent to "honor" thier acceptance, but I always warn my clients....  

And if I were the sellers agent, I wouldn't have *promised* you it was a done deal.  I would have said, I have their acceptance in an email, but you know and I know that until it is a signed contract and delivered... anything can happen.  Just as I know that until your buyers recieve that signed contract they can do anything.  

If the shoe was on the other foot, and your buyer "changed their mind", you could have rescinded the contract.

I also feel for the listing agent.  He knows his word and his sellers word is at stake, and morally they should honor their acceptance.  But legally, it isn't a contract until signed and delivered.  Hopefully, for you, the email exchange will hold up legally.

Keep us posted on how this turns out.  

Shelly

I think the email will hold up, and the other agent has major problems if this does not go your way. Next time (if there is one) I would get something in writing from the agent saying that they were putting it to pending and no more showings.

Wellllll. . . it was delivered. BUT it was not signed. A gray area with lots of wiggle room.

Kelly, you were wise to wait on a signature before instructing clients to proceed with inspections.

It's never over till a fully executed contract is delivered to all of the principals.

That is why I am such a proponent of e-sigs. Patience is not one of my virtues . . .

Hi Kelly.

I'm sure there's a reason and maybe I missed it in your explanation, but why can the Sellers not receive a fax somewhere in Japan?  Or you or the other agent could email them the docs and they could forward that to a copy store or hotel front desk for printing, signing and faxing back.  

I just did (a very tough deal) with a Seller who is now living in Malaysia.  His agent emailed him docs, and though it was hard for him to get to a fax machine (salesman that travels a lot and there it is by bus), but we did get docs signed eventually.   It was nerve racking!

To me it sounds like the Sellers are being very unreasonable and their agent may be a party to it.  

I hope the email (their word) holds up for your sake.

Good luck.

If I can get signed contracts out of Iraq and Afghanistan by email I can't imagine why the other agent couldn't do the same.  Every Hotel in Japan has a fax and email.  Something smells in this deal, if you don't get the property for your guys, follow it through the closing. Betcha there is a double sided deal in the works.

Skeptical Realtor Columbus Ga

Klaus, yep, I smell a rat.