This is a tricky question…. You should contact legal counsel for the right answer. There are too many unknowns for me to answer this question.
How does the buyer know if the seller signed it? It is certainly possible for the seller to not sign it, especially if a better offer has come in. The counter may have expired.
If the buyer does in fact know that the seller signed the contract, then there is a serious miscommunication between the buyer and seller, via their agents. Which agent dropped the ball? I would suggest contacting your agent first, followed the employing broker of your agents company (there is one agent in charge of the whole office). They should be able to help you. If you do not get results there, Then contact the REALTOR association for your county or the Colorado Association of Realtors. Finally, make a complaint to the Colorado Real Estate Commission.
You could also try contacting the sellers agent and then the seller’s agent employing broker. Just remember, that as a buyer, if you contact the sellers agent, they are working for the seller, and anything you tell them or anything they learn about you could be used against you in future negotiations.
If you are dealing with the seller directly, you could always withhold or stop payment on the earnest money, but realize you could be in default on a the contract, if it exists…..
This would then possibly end up at a mediator or at the court house.
But with so many variables, the first person to call is an attorney.
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