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Cancelling verbal resale contract to buy or sell?

vmpt

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Coronado Beach Resort, Fox Run, Coral Reef Beach Resort, Marriott Monarch at Sea Pines, Marriott Barony Beach, Sand Pebbles Resort, Westin Lagunamar
Anyone back out of a verbal contract (nothing signed yet) as a resale buyer or seller? As a buyer if you had second thoughts, and/or as a seller if you got a much better offer? Wondering if this happens very often.
 

SteelerGal

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Yes, I walked away and lost my deposit. I just recently had a buyer ghost. It happens.
 

easyrider

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I have backed out of a few ebay deals and a Redweek deal because the sellers had the wrong information listed in their adds. I don't consider these verbal. With the ebay deals I won or bought the the item on ebay before backing out. On the Redweek deal we were looking over the contract and there was conflicting information within the transfer paperwork and contract so we backed out.

Recently we took over a two week deal listed on the Tug bargains. The original contract says one thing and the resort management says another and the owner didn't really know. We did take this one because I was able to have the resort confirm the info but even so, I haven't received any paperwork yet that verifies our ownership. It appears to be ours as I was able to pay the mf for the two weeks.

What do you mean when you say verbal ? Is this a phone call asking to but your timeshare ? I think all of these calls are bogus.

Bill
 

TheTimeTraveler

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Anyone back out of a verbal contract (nothing signed yet) as a resale buyer or seller? As a buyer if you had second thoughts, and/or as a seller if you got a much better offer? Wondering if this happens very often.



To be enforceable, ALL Real Estate contracts must be in writing.

Verbal contracts are not enforceable.





.
 

vmpt

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I am speaking of private party transactions. Has anyone agreed verbally or via email to selling a deeded week and then received a significantly larger offer by another party...and sold it to the 2nd party instead? I definitely understand buyers backing out, especially only after making a verbal or email agreement. I know bother are possible, just not sure how often they occur. Thank you
 

TheTimeTraveler

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I am speaking of private party transactions. Has anyone agreed verbally or via email to selling a deeded week and then received a significantly larger offer by another party...and sold it to the 2nd party instead? I definitely understand buyers backing out, especially only after making a verbal or email agreement. I know bother are possible, just not sure how often they occur. Thank you



It all depends upon if it is writing and if all parties signed a written agreement (contract).

Verbal means nothing unless and until it is in writing.




.
 

chapjim

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Deleted.
 

BJRSanDiego

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I am speaking of private party transactions. Has anyone agreed verbally or via email to selling a deeded week and then received a significantly larger offer by another party...and sold it to the 2nd party instead? I definitely understand buyers backing out, especially only after making a verbal or email agreement. I know bother are possible, just not sure how often they occur. Thank you
I recall from a business law class that in order for there to be a Contract, that there has to be an offer, an acceptance and consideration (e.g., down payment, putting money in escrow, etc.). It doesn't sound like you got any down payment?

If you communicated with your first potential buyer that you received a secondary offer that is good enough that you can't turn it down. And then offer that first buyer the same terms as the second offer. They'll probably be angry and call you names and perhaps hang up on you, but if they really want the TS, they may accept it. In either case your dilemma will be solved.

Make sure to get a down payment from whichever buyer you accept. Also, make sure that everything is spelled out in writing, like first year of usage, who pays the taxes and maintenance fee (and when), who pays for the closing, what closing agent you'll use, any resort documentation fees, the form of the payment (e.g., cashier's check, wire transfer), etc. If you miss any of these things, it can make your "deal" fall apart or someone will end up paying for something that they weren't planning.
 

vmpt

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Sound advice, thank you!
 
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