Posted by Ed Copp (OH) on November 13, 2002 at 20:24:51:
Verbal offer FSBO, did not buy, pay attorney fees? - Posted by Jilaverne from Missouri
Posted by Jilaverne from Missouri on November 13, 2002 at 15:18:37:
I made a verbal offer for a home on a Monday, a for sale by owner. The owner said he would have his attorney draw up contract by that following Friday, and he would pay the attorney. I offered to draw up contract, he said no. I Never received call from owner. I called owner on Saturday. He said he was reading contract and would call me when he was ready for me to take a look at it.
Found another home on that next Sunday, felt 1st owner was holding out for another offer, so we completed and signed a contract on Sunday on house number two.
On Monday, owner of the first home called me and said that I could come and get the contract. I told him we had signed another contract, that he did not seem like he wanted to sell his home to us, so we went on looking. We had not seen or signed anything with this 1st owner and were not bound by anything we had signed in writing.
Now 1 month later, the owner of the 1st home has sold his home to another person. He is calling me to pay the fee that his attorney is charging him for drawing up the contract that we never saw or signed. Are we liable, even though in the state of Missouri, only a written contract is binding?? And, we never saw the contract, so how am I responsible to pay for something I never saw or signed. Plus, we made no committment to pay the attorney??
Please help. Thanks.
Re: Jerk - Posted by Nate(DC)
Posted by Nate(DC) on November 13, 2002 at 20:16:03:
I think he’s trying to badger you into paying for something you had no obligation to pay for. Tell him that you are not going to pay him a dime and that if he continues to harass you you’re going to call the police.
NT
Re: Verbal offer FSBO - Posted by Josh
Posted by Josh on November 13, 2002 at 17:48:32:
There was no contract for the attorney’s services, which the seller, according to your message “said he would pay for.” Also, it seems likely that the seller, in failing to follow up with you, acted inconsistently with his willingness to maintain the offer, thereby terminating any responsibility on your part to pay for the attorney’s services.
Re: … attorney fees? - Posted by John Merchant
Posted by John Merchant on November 13, 2002 at 17:04:52:
I’d tell him to go fly a kite. You had no agreement with the lawyer, it was his idea, so it’s his problem.
Re: Jerk - Posted by Nate(DC)
Posted by Nate(DC) on November 13, 2002 at 20:19:21:
OK, maybe that was a bit strong…but you get the idea.
NT