Contract Performance
By Jim Palmer Jr.

Invariably after real estate transactions are closed there are issues that surface where one of the principles is not happy because the contract was not fulfilled to their satisfaction.  It is usually a buyer who finds something missing that was supposed to stay or something was left behind that was supposed to be removed from the property.

The first person they usually call is their real estate broker, probably because they have the mistaken perception that the broker is obligated to enforce the contract, when in reality the broker should only advise them to seek legal counsel.  In some ways that expectation could be considered a compliment to the broker because that trust has been well earned, but the perception that the broker can, or are obligated to resolve all but the simplest post closing issues (like tracking down the keys) is misguided. 

Brokers are easily lured into assuming the role of contract-enforcer just because most are motivated to provide extraordinary customer service, even though succumbing to that urge is usually a legal mine field for real estate brokers.  It’s easy to see why they frequently cave to that pressure whenever they have to face the wrath of a disgruntled party. To resist the urge to please can be difficult for all but the most disciplined brokers. 

In one recent case a buyer scheduled a walk-through of a home more than a week prior to the closing, instead of waiting until just prior to their signing to assure that things were clean, in good repair and that all of the appliances were present.  In their eagerness to get the walk through over with, that buyer may have created a situation where they would close and then find out later that things were awry. 

In another example, a buyer had agreed to close if the seller would clean up a very messy property and remove all of the debris prior to closing.  On the signing day the buyer decided to close even though the seller was still engaged in the process of removing mounds of debris.  The deal recorded and funded without the contingency being satisfied.  The buyer lost their power to enforce the seller’s performance of the contract the second they agreed to allow it to be funded.  Now that upset buyer is blaming brokers when it is the seller who has not performed according to the contract.

Past Articles

Thinking of Buying a Home in the Country?
If you are thinking about buying rural property this year,... MORE...

Bird's-Eye View
Modern technology has provided many tools that have enhanced our ability to work smarter ... MORE...

Will Your Property Sell in the Winter?
Most sellers remove their house or property  from the market in the winter... MORE...

Rules of Engagement?
Buyers competing to purchase real estate can be frustrated at best and exasperated.. MORE...

Rules of Engagement?
Buyers competing to purchase real estate can be frustrated at best and exasperated.. MORE...

Truth Telling
Have you ever been around someone who always starts out their sentences with, “Honestly“... MORE...
 

Flush and Forget
As my wife can attest, I love a good western movie! Many of my favorites romanticize the idea of the... MORE...

Open Range
Most people think it is reasonable to expect a seller to be honest in disclosing... MORE...

Disclosure Requirements
Most people think it is reasonable to expect a seller to be honest in disclosing... MORE...

When Weather Becomes the Deciding Factor
Out-of-area-buyers often only look at property during seasons of the year when there are ...MORE...

CCR's
The acronym above stands for Covenants, Conditions and Restrictions and usually refers to the  ...MORE...

Best Practices
For over 100 years Realtors® have diligently worked to conform to the best business   ...MORE...

What Stays?
Once during a pre-closing walk through of a recently vacated house I noticed that most of the light bulbs were missing along with  ...MORE...
 

Quit Claim vs. Warranty Deed
Quit claim deeds are commonly used when parents or ...MORE...

Why Market to a Bunch of Realtors?
Once in a local radio blitz by a new innovative discount brokerage, they mocked the strategy of  ...MORE...

Does the Seller Benefit from a Well Represented Buyer?
The current environment in the real estate industry can be fraught with many pitfalls and ...MORE...
 

Is Cash Really King?
It is a common practice for loaded investors to wave cash (figuratively) in the face of a seller...MORE...

No Trespassing!
Owning property in this country is one of our basic rights that we should not take for granted...MORE...

Trespassing
Brokers are often asked by property owners to prepare a Comparable Market Analysis (CMA) some of the reasons a property..MORE...

Market Analysis
Brokers are often asked by property owners to prepare a Comparable Market Analysis (CMA) some of the reasons a property..MORE... 

Aerial Photos are a Great Tool
Some time ago one of my agents brought a new listing into my office to get my opinion.  I quickly scrutinized the listing data..MORE... 

Common Sense
In a rerun of the TV classic, Leave It To Beaver, I was tickled by one of the interactions between Wally..MORE... 

Does a Buyer Have Recourse?
With most home purchases the buyer negotiates the opportunity to perform a final walk through..MORE... 

The Endowment Effect
In a real estate transaction the stakes are usually high, whether it’s economic...MORE... 

Times have Changed
A recent class action lawsuit is now settled and ratified by the court ...MORE... 

 

Your Manufactured Home
Manufactured homes have been around for many years now and may get a bad rap...MORE... 

Accurate Market Analysis 
Brokers are often asked by potential sellers to give a valuation of their property,...MORE... 

 

 

Price Reductions, on the Rise
In a recent blog by a reputable broker a statement was made that...MORE... 

 

Crops and Property Sales
In the fundamental real estate course that every licensee must pass  ...MORE... 

 

Blame the Government?
It seems fascinating that many US citizens think our POTUS is like a king  ...MORE... 

Easements, A Property Right
Property rights seem to be an ongoing hot topic since there are many people  ...MORE... 

Low Appraisal?
There are basically two processes of qualification when a buyer decides to purchase ...MORE... 

Title Hiccups
After many years in the real estate business, it still surprises me when property owners are unaw ...MORE... 

What Stays with the House?
Many times after a sale is completed or at the final walk-through by the buyer just prior to ...MORE... 

Big City Broker Syndrome
A seller recently fired a big city broker who had done a great job prepping for an upcoming ...MORE... 

The Power of MLS
For years the Multiple Listing System that is used by real estate brokers across the country ...MORE... 

Another Permit?
The recent sale of a quality manufactured home reminded me that there is a gap in understanding concerning the proper permitting that is required for installing or altering manufactured home was installed ona  city ...MORE... 

 

Seller Costs
As a real estate professional, I have often been asked to provide a Market Analysis for potential selle ...MORE... 

Buyers, Don't Fool Yourself
Recently a buyer traveled from the west side of our state to view several properties hoping to identify one ...MORE... 

Caveat Emptor
In the past, real estate buyers took more risk than in these modern times. Improved business practices now demand full disclosure ...MORE... 

Buyers, are You Prepared to Pay your Own Broker?
Recently the NAR (National Association of Realtors) agreed ...MORE... 

The Bugs are Here
Spring is here and the bugs are out! This is one part of country living that can be difficult! ...MORE... 

Adverse Possession
The other day an inquiry came across my desk concerning a fence encroachment ...MORE... 

Do I Have to Tell?
What if someone died in a home?  Is the real estate broker obligated to disclose this information? ...MORE... 
 

The Best Time to Plant a Tree
This March I attended an annual community Crab Feed in ...MORE... 

Is It Illegal to Record Audio on Ring Cameras?
We live in a world that relies more and more on artificial intelligence which includes having our actions monitored in many settings...MORE... 

More about Wire Fraud
Is wire fraud still a thing in today’s real estate environment?  According to ...MORE... 
 

Buyer Brokerage Services Agreement
Times have changed for buyers in the real estate industry ...MORE... 

Boundry Dispute? Not Yet.
One of the questions for sellers, on the mandated State disclosure statement, asks ...MORE... 

Should You Pass on the Home Inspection?
 In a recent real estate transaction a buyer was convinced by ...MORE... 

Realtor Code of Ethics - Excerpts
It is common for some water wells to experience loss of water quality over time ...MORE... 

Need to Rehab Your Well?
It is common for some water wells to experience loss of water quality over time ...MORE... 

Do You Have to Rent to a Criminal?
Those in the real estate industry who manage rentals are careful to adhere to ...MORE... 

Landlocked 
For the second time in a week I’ve come across the situation where ...MORE... 

 

Broker Compensation Conflicts
For the second time in a month Realtors® have been accused in a law...MORE... 

Over Priced?
One day I received a call from a buyer who was expressing interest in a property that...MORE... 

Contract Enforcement
When something goes awry after the close of a real estate transaction, the first person on the list ...MORE... 

Best Practices
For over 100 years Realtors® have diligently worked to conform to the best business practices of the times. Even the term, Best Practices suggests that such methods are continually evolving and improving ...MORE... 
 

Manufactured Homes
Manufactured homes have been around for many years now and may get a bad rap sometimes. Since ...MORE... 
 

Will Your Property Sell in the Winter?
Most sellers remove their house or property from the market in the win...MORE... 
 

Could Legal Verdict Change Commisions?
A jury recently handed a loss to the National Association of Realtors® in a case where the complaint...MORE... 

Benefit to Buyers
On January 1, 2024, major changes to the Law of Agency will go into effect...MORE... 
 

Agency Law Clarified
Since 1996 the State of Washington passed a new statute that defined and clarified agency law...MORE...