When does a contract fail you? When words in the contract are not defined.
For example, in Coldwell Banker’s Exclusive Right to Sell Agreement, a seller owes the fee if ” During the term of this Agreement a Buyer is procured ready, willing and able to buy the Property or any part there of, in accordance with the price, terms and conditions of this Agreement”. Nowhere in the agreement is there a definition of what “this Agreement” means. I have the knowledge of one individual who received a letter from the Coldwell Banker Realtor demanding their fee. A year later between legal fees and settling, with neither side admitting anything, the cost is $23,000. Come to find out, regardless of what the Sellers were told verbally by the agent, the seller should have written it into the Agreement, regardless of the Realtor’s assurances, that it was the purchase and sale agreement. It could mean “the offer”.
Another example is the expiration of an offer. It is important to realize that the strength of your position is only to the degree that you maintain control. In an agreement, deadlines and options can be the critical components. If provisions have not been met, it may be wise to let the offer expire. It will certainly make sure everyone involved is paying attention and that your serious.
Do not let a realtor or anyone else push you to automatically exercise an extension or accept an option unless you have an attorney who represents your rights and they have advised you of the pros and cons. You must clearly understand what will happen with your actions. It is your responsibility to ask your attorney questions to make sure you understand what the results of your actions could be.
Therefore, if it is not clear to you, do not sign until the language means such to you.