After multiple counters, I (buyer) and seller of a property agreed upon terms on 6/25, with a signed agreement. Essentially i'm now on the clock to sell my current property. Terms of my and seller agreement:
- close escrow 35 days
- RPA14B to be 12 days
- COP2a to be 12 days
- COP to be removed in 24 days
My property was listed on MLS immediately. Multiple tours so far, no written offers yet.
Tonight, 6/27, my buying agent received a Notice to perform, dated 6/26, with the box checked "Closing Escrow on buyers property". Terms: "BUYER: If you do not remove the specified contingency(ies) (C.A.R. Forms CR or RR) and take the specified contractual actions indicated above within 2 (or ) Days After Delivery (but no less than the time specified in the Agreement) of this Notice to Buyer to Perform, Seller may cancel the Agreement."
My Buying Agent is interpreting this as i have 2 days from when seller signed to remove contigencies, meaning close escrow, which is not possible without selling my current property.
Advice welcome. Does seller's Notice to Perform alter the agreed upon terms?
PS: Speculation is selling party received a better offer after entering contract with me, so Notice to Perform was provided with intent to give me 2 days to fund escrow, or drop me.
Thank you-
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source https://www.reddit.com/r/RealEstate/comments/o9f0vq/seller_provided_me_notice_to_perform_48_hours/
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