Dear Monty: I worked with an agent to sell and purchase a home. I found a home; however, after making an offer, I discovered it was in an HOA. I don’t want to live in an HOA. My agent knows the agent who was selling the house. I asked if we could back out of the offer; I gave no earnest money, and the seller hadn’t signed the offer. I put the offer in on 8/14/23 and asked for the release on 8/16/23. My agent did not tell the seller, and we went looking at other houses and placed a bid on another home. She did not give the seller the mutual release agreement until 8/22/23. The seller has not signed the release document, and my new agent is hesitant to show me anything because we would have to put in a contingency based on the seller’s signing. My old agent and I are not talking at this point. According to her, everything is my fault. Her broker boss is not responding to my text messages either. I don’t know what to do. Can you help?
Monty’s Answer: A buyer can withdraw an offer before the seller’s acceptance in every state. You state the seller had not accepted the offer when you withdrew it. Your agent erred if they did not deliver the document to the seller’s agent immediately.
