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Hearing, Not Heeding

The attorney says he warned a home seller not to make changes a buyer demanded until that buyer received a mortgage commitment.

The buyer’s application was turned down. When his attorney called the homeowner for authorization to return the downpayment to the buyer, per the contract, the seller balked. It seems he had done an extensive amount of work anyway, and wanted to be reimbursed.

My colleague says he was tactful in pointing out the contract provision that mandated the return of the money, and even more diplomatic about his prior advice to not change a thing until the buyer qualified for a loan.

The seller wasn’t in the mood to be reminded of that conversation, and cut his attorney off. “Listen, you said a lot of things. I can’t be expected to listen to everything, can I?”

Of course I asked; the answer was affirmative: “You bet I had a CYA letter signed by him in the file.”
 

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