Buyers and sellers aren't the only players holding cards in a real estate deal.
Don't forget the broker.
One seller dealt what his broker complained was a fast shuffle. and the resulting suit demonstrates the value of playing by the rules.
The case was Schmidt vs. Berry (86 Daily Journal D.A.R. 2770). The seller, Berry, signed an exclusive listing agreement with his broker, Schmidt.
The listing included the specific conditions under which Berry was prepared to sell his 72-unit apartment building in Madera.
A buyer submitted an offer. Berry responded with a counteroffer containing provisions not included in the original listing. The buyer replied with his own counteroffer, agreeing to buy the property on the "exact terms" of the listing agreement.