Posted by Nate(DC) on July 13, 2003 at 22:47:01:
Sure, I can’t argue with that, but if all he has to hang his hat on is “I was drunk when I signed the listing”, he’d be better off taking that $300 and getting drunk again. At least he’d feel better. 
NT
Seller wants to back out of a contract - Posted by Brian
Posted by Brian on July 05, 2003 at 02:15:28:
Hello,
My wife and I signed a contract to sell our house in Maryland. Things have changed and I don’t want to sell. I was drunk when I signed the listing agreement ( lost job, co-workers took me out to party - you can’t even read my signiture on the listing agreement) From my standpoint, anything else that transpired including signing the sales contact is null and void since I wasn’t capable of executintg a valid listing agreement. What do you all think. Can I void the resulting sales contact based on the above?
Re: Seller wants to back out of a contract - Posted by Fred
Posted by Fred on July 07, 2003 at 01:56:20:
To Ed & John,
The guy was looking for some advice, not a critique of his lifestyle.
Brian,
Talk to a lawyer and see if you have any recourse.
Re: Seller wants to back out of a contract - Posted by John Merchant
Posted by John Merchant on July 05, 2003 at 11:26:38:
Ditto Copp’s remarks.
You signed TWO separate contracts, and while you may have been drunk when you signed the listing agreement, that has NOTHING to do with the second agreement (the sales contract) you signed. Now live with it like a man & accept responsibility for your actions.
Re: Poor baby - Posted by Ed Copp (OH)
Posted by Ed Copp (OH) on July 05, 2003 at 11:20:23:
I suggest a trip to rehab, then you won’t need a house for a while. A contract is a contract, so live with it. I hear all the excuses, all the time. I am curious to know what the real reason is that you want out of your contract. The usual is money …
Just because it wasn’t what he wanted to hear… - Posted by Nate(DC)
Posted by Nate(DC) on July 07, 2003 at 08:57:06:
doesn’t mean it wasn’t advice. I think they just saved him the cost of talking to a lawyer by telling him, for free, what any lawyer would tell him at a price: that he has no case!
NT
Re: Seller wants to back out of a contract - Posted by Herbert Jones
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I’ve never seen code that made be want to drink before that…
Re: - Posted by Fred
Posted by Fred on July 07, 2003 at 19:42:52:
Though, backing out of a deal might be immoral, it is not necessarily illegal per se. That’s why my advice is to spend the 300 dollars to see where he stands.
Re: - Posted by Nate(DC)
Posted by Nate(DC) on July 07, 2003 at 20:32:26:
He didn’t ask if it was illegal, he asked if the contract was voidable, and in my opinion was given the correct answer: it’s not.
NT
Re: - Posted by Fred
Posted by Fred on July 07, 2003 at 21:57:45:
Then I guess you know all the details of the contract. I am not trying to encourage someone to welch on a deal either.
It’s just that I’ve experienced several voided contracts from a buyer and seller point of view. Contested and uncontested. I still say talk to a lawyer to make sure all the i’s are dotted and all the t’s crossed. A competent RE lawyer will help him weigh all the options. Maybe even help to get him out of the deal by giving the buyer “go away” monies if the deal is iron clad. He has nothing to lose but a measley 300 bucks instead of losing his shirt and or a clouded title.