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Nathan Gesner, Broker / Property Manager (American West Realty and Management)

Answers

Rainmaker
1,769,174
Thomas J. Nelson, REALTOR ® CRS,ABR,PSA,RCS-D, CFSP
Big Block Team @ LPT Realty 858.232.8722 - San Diego, CA
Coastal San Diego, Veteran's & Retirees Services

Yes, that happens a lot. Intent has a lot to do with it, but we just add an addendum extending the time frames to be safe. But, I have moved forward with deals that were days past our expiration on the RPA as the new docs (all parties sign a revised expiration date) and dated signatures show the intent of the parties to revive the original doc with the new addendum.

Jun 21, 2017 05:02 AM
Rainmaker
1,813,093
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Basic contract law; an expired offer cannot be revived and must be re-written. It is a dead ducky. An easy action would be to re-print the offer, amend the deadline date and have the buyer and seller counter-initial that change; good to go.

Jun 21, 2017 05:02 AM
Rainmaker
1,184,708
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Change the expiration date and both parties initial it. Seller signs the offer and it's a deal.

Jun 21, 2017 06:16 AM
Rainmaker
6,158,485
Wayne Martin
Wayne M Martin - Oswego, IL
Real Estate Broker - Retired

Norm Padula provided the contract law answer. Better safe than sorry!

Jun 21, 2017 05:43 AM
Rainmaker
5,997,927
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Real Estate Broker

I believe that depends on the laws in your state on how to handle this... changing and initialing dates or brand new offer, etc.

Jun 21, 2017 04:58 AM
Rainmaker
5,278,276
Richard Weeks
Dallas, TX
REALTOR®, Broker

It would depend on how the expiration clause is written.

Jun 21, 2017 04:58 AM
Rainmaker
6,585,697
Joan Cox, Retired Broker/Owner
Denver, CO
Enjoying Every Day to Its Fullest!

As I responded to you in my post, our attorneys have said if everyone signs and in good faith continues with the offer, it is legal.  I prefer to address the new response time in a counter so we legally are in contract, and no one can terminate due to sloppy dates.

Jun 21, 2017 08:24 AM
Ambassador
7,406,052
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

I would make sure that both parties agree in writing to the extended date.

Jun 21, 2017 06:15 AM
Rainmaker
5,060,871
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

This likely varies by state and the language in the contract.  On a practical level, Thomas J. Nelson, Realtor, CRS uses the same approach as I do.    

Jun 21, 2017 05:08 AM
Ambassador
3,828,544
Anna "Banana" Kruchten
Retired Broker/Owner - Phoenix, AZ
602-380-4886

I'd add an addendum to extend the date to make it all on the up and up.

Jun 21, 2017 01:58 PM
Rainmaker
1,714,832
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

In my state wew ould need to add a counter form with the new date.

Jun 21, 2017 11:51 AM
Rainmaker
968,066
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Adjust the date and have all parties initial.

Jun 21, 2017 11:45 AM
Rainmaker
613,954
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

Just sign and have both parties initial with the new date.

Eve

Jun 21, 2017 08:45 AM
Ambassador
3,636,546
Kathleen Daniels, Probate & Trust Real Estate Svcs.
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Not in my opinion.  Extend the time to respond in an addendum or a counter offer.  

Jun 21, 2017 07:43 AM
Rainmaker
403,507
Jill Murty, Realtor - Orange County, CA
Movoto - Laguna Niguel, CA

They should sign the offer and and add an addendum stating "Buyer and seller agree...."

I've had agents push back on the addendum saying that it's redundant.  Maybe so, but better safe than sorry. 

Jun 21, 2017 07:38 AM
Rainmaker
862,279
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

In Oregon, acceptance after the deadline is not binding until the acknowledgement is signed and a box is checked that the seller/buyer agrees to be bound thereby. 

Jun 21, 2017 07:32 AM
Rainmaker
2,302,938
Michael J. Perry
Fathom Realty - Lancaster, PA
Lancaster, PA Relo Specialist

Yes , just change(and initial) any expired dates !

Jun 21, 2017 06:41 AM
Rainer
354,115
Jim Cheney
Saint Francis Property Santa Rosa, CA - Santa Rosa, CA
Rincon Valley Realtor 707.494.1055

I'm a stickler on making sure the paperwork and contracts are in order Nathan Gesner .  How would you feel if the parties ended up in court over an unrelated issue but now you have to show you had a valid contract that was signed after expiration.  What a mess!   Seems easier to just amend the offer.  I have moved forward on expired offers but they were expired by hours not days.  What do you think an attorney would tell you to do...

Jun 21, 2017 06:32 AM
Rainmaker
1,618,179
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

I would do a counter extending the dates

Jun 21, 2017 06:07 AM
Rainmaker
5,775,574
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Nathan,

I agree with Thomas J. Nelson, Realtor, CRS .  A

Jun 21, 2017 06:01 AM
Rainmaker
1,466,322
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Nathan Gesner You will need an amendment to change the appropriate dates.

Jun 21, 2017 05:27 AM
Rainmaker
4,434,437
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Legal question.

Jun 21, 2017 10:48 AM
Rainmaker
5,752,200
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I wonder if this is from state to state what is legal.

 

Jun 21, 2017 07:45 AM
Ambassador
2,793,583
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

 Change the dates or use an addendum.

 You don't want any "problems" down the road.

Jun 21, 2017 07:25 AM
Rainmaker
1,027,787
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.

@Sandy Padula and Norm Padula, JD, GRI NMLS#1483386  had it right for our area, as well.  This is precisely how we handle it in our area;  rather, I should say how we SHOULD handle it.  I cannot presume to speak for other agents, but this is what I do. 

Jun 21, 2017 07:22 AM
Rainmaker
809,458
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

Our contract has a spot where if it is expired and the buyers initial it is contractually extended. Otherwise we write an addendum extending it and validating the acceptance and all parties sign.-Kasey

Jun 21, 2017 07:12 AM
Ambassador
5,416,099
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Depends on the laws for your state. How about an Addendum signed by both parties?

Jun 21, 2017 06:44 AM
Rainmaker
5,590,999
Barbara Todaro
Keller Williams Elite - Franklin, MA
"connecting land with builders"

there's no such thing as "good enough" on contracts....the dates are the dates.... I would rewrite the agreement.... but that's just me....others may have other answers....

Jun 21, 2017 06:42 AM
Rainmaker
1,400,055
Doug Dawes
Keller Williams Evolution - 447 Boston Street, Suite #5, Topsfield, MA - Topsfield, MA
Your Personal Realtor®

It may vary in every state Nathan Gesner In MA our offer is called "Contract to Purchase" if we go over we should have an extension filed.

Jun 21, 2017 06:27 AM
Rainmaker
8,891,387
Roy Kelley
Retired - Gaithersburg, MD

Follow the terms of the contract. You may need a signed extension.

Jun 21, 2017 06:20 AM
Rainmaker
3,053,935
Richie & You
pearlsforthesoul.com - Cedar City, UT
Author & Consultant

Escrow will require an amendment at some point. Meanwhile open escrow

Jun 21, 2017 05:37 AM
Rainmaker
2,246,536
Anthony Acosta - ALLATLANTAcondos.com
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

As long as you change the expiration date and everyone initials the change, should be fine.

Jun 21, 2017 05:32 AM
Rainmaker
3,077,367
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Coldwell Banker Realty

Thomas J. Nelson, Realtor, CRS nailed this one!

Jun 21, 2017 05:20 AM
Rainmaker
3,418,088
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

It is a start but buyer would need to cross out and initial expiration clause. 

Jun 21, 2017 05:10 AM
Rainmaker
3,986,764
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I would have them re-write the contract.

Jun 21, 2017 07:57 PM
Rainmaker
4,337,221
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Nathan Gesner - for me, it is as simple as changing the expiration date and initial by both parties - and they are willing.

And if one wants to be very particular about paperwork - just start fresh! In today's world of electronic signatures, it is not going to take a lot of time!

Good Luck for one more under an agreement.

Jun 21, 2017 07:23 PM
Rainmaker
1,157,857
FN LN
Toronto, ON

Seek appropriate legal counsel who is licensed in the relevant jurisdiction.

Jun 21, 2017 06:21 PM
Rainmaker
1,609,870
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Sign it and fill out an extension of time form.  That's how we do it out here.  Had that happen on my last escrow where the buyer's agent was asleep at the wheel and missed the cut-off time being on the form.

Jun 21, 2017 04:13 PM