Reply to 3 days before closing and I want to back out..can I?

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[quote=Anonymous][quote=Anonymous]
It would be fair, but fair doesn't always matter.  You say you would have pushed to keep the EMD.  Great, but what happens when the buyer refuses?  Then you can't sell your house and you have to incur litigation costs - two things you said you didn't want.  Even a mor aggressive realtor may not have been able to change that reality given your (again perfectly reasonable) priorities.

Plus, you did have options.  You could have explicitly instructed your realtor, in writing, that he was to push for the EMD's return since he was your agent and you could have made clear to him you were not simply going to relent. (Posturing is not only for dealing with the other side.). If he refused, you could have fired him, which I think you said you did right after anyway.  You also could have threatened to report him for not representing your interests as he was required to do.

None of these are the easiest thing to do and can have complications, but you did have options.  In your shoes, I would have absolutely saber rattled - with my agent and the buyer - even if I would not have actually followed through with litigation given the downsides.  It might have worked, it might not have, but it would have been an option.[/quote]

I am not saying I would have end up being able to keep the EM, but I certainly would have pushed for it. The buyer did not know my mindset. What if I am one of those "principles" guys? Do they want to be subject to a lawsuit and being potentially held liable for my attorney's fees? A more aggressive realtor would have swung the balance in my favor.

I gave very clear instructions to my agent that I wanted to keep the EM and that he was to negotiate with the buyer to release the EM to me. He flatly refused. At that point, fighting the situation became a lot more time consuming and difficult, so I decided to let it go. And yes I fired him at the end of that conversation. He agreed it was the best course of action and signed a release, including if another buyer bought it who saw the house while he was representing me. [/quote]

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