Wednesday, January 20, 2010
There are generally two reasons that a person would back out of a contract:
2) the person is basically preditorial, never intending to consummate the deal, but enjoys watching people squirm in situations of anxiety, greed, or ambition. This person just wants to squelch the joy of others, and kill their spirit. They like to watch what happens to another when s/he begins, then is crushed in their tracks.
Under these two general premises, are indicative signs of one or the other. Let's begin with the Coward.
The person that is truly cowardice by nature does not mean to be destructive intentionally, so we can say this person does not act with intent. They create havoc none the less. For example. Some things indicative of a coward:
1) Breaking appointments constantly, at inconveniently expressed moments.
2) Calling multiple times to break an appointment for something that come up at times of personal anxiety over the deal.
3) Having to be "talked down from the ledge" every little while, to keep from "jumping the boat" yet never admitting to their inability to move forward.
4) Having difficulty admitting what is liked, unliked, sought, desired, and frightening.
5) Having difficulty admitting the truth about ANYthing!
6) Changing the subject when it comes to making a committment to go forward.
7) Resorting to childhood tactics such as guilt or distrust to end the contract to which was previously agreed.
Now the Preditor is completely dangerous. They act intentionally, uncaring, and with intent to create situational irony, and drama, and sometimes more. For example:
1) They make appointments, and may even seem anxious for you to get there, but they may never actually "show up." They may, however, be watching YOU show up--hopefully for no other reason than a joke.
2) When you call to find out what happened, they seem uncaring as they explain, "oh, something came up, sorry." They may even make another appointment feeding a host of lies about their ability to carry it through just to hook the Realtor in deeper.
3) They will be forever cryptic in telling the Realtor EVERYTHING about their end of the deal, but expect the Realtor to work as a dog without any sense of security from their end...they like to watch Salespeople sweat!
4) This person may meet you tons of times, but when it comes to actually signing, they may just disappear, and then move on to someone else, never intending to consummate the deal. They will "WALK" without any sense of responsibliity. They will never answer their "set-up" phone or email again; it was a hoax; a bogus set-up to begin with--just for fun--hopefully not for more dangerous pasttimes.
One way could be a meeting in contractual dancing. As all Realtors know, and have read as well in the Real Estate Purchase Agreement: "Time is of the Essence." In other words, every movement through a contract is time sensitive. Therefore, a Realtor does not begin the pursuit of a contractual agreement until the Realtor has a "contractual meeting of the minds" with the potential buyer. This could be orchestrated through using the buyer/broker contract.
The buyer/broker contract is argued that it does not hold weight in court but that is because no one has ever been tough enough to call it into its origianl intent and argue it properly. The buyer/broker agreement has one general premise: buyer promises to use broker's services in good faith, thereby using every effort to bring the contractual agreement into fruition with this broker who is acting on buyer's behalf--because buyer is seriously planning to consummate a sale for real property; and buyer agrees that they will be solely represented by the broker for a perios of time, while the broker makes every effort to make that contractual fruition possible within that period of time. The period of time is negotiable.
Otherwise, we might as well begin a new trend or think about having a new profession added to our Realtor Associations: