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Hello,
We are trying to buy a new house. Everything was going well until after inspection when the Seller's attorney not only refused to fix stuff found in inspection but responded by saying that the Seller is canceling the contract. Our deposit monies were due the day we received this response. When my wife went to the Seller's attorney's office to deliver the check for the deposit, he not only refused to accept the check but also was rude to my wife and told her to leave or else they will call the Police. I hired a messenger and sent the check again. The attorney opened the letter and again refused to accept it. When I called the Seller she told me that her father is the owner of the house -- though his name is nowhere on the contract and Tax records. She told me that his father got mad when he looked at the letter from our attorney regarding the repairs related to the inspection. His father called me, was very rude to me, told me that I am trying to take advantage of her daughter, and that I should not mess with his family. He told me that he is not selling me the house, no matter what. The inspection stuff wasn't that big a deal and we liked the house, so my attorney suggested accepting the transaction without the repairs and he sent the Seller a letter stating that. In the evening I tried reaching the Seller numerous times just to ask what went wrong. The next day, I again received a call from the Dad and this time he threatened to damage the house if I go ahead with the transaction.
We already spent money on Inspection, Mortgage Rate Lock, and the Attorney. What are our options at this time? This guy (Seller's Dad) who has no business with this house has been harassing and threatening me. Should I inform the Police about these threats? The Seller is not returning my calls. I will speak to my attorney tomorrow but wanted to check what others recommend as well.
I say take a pass. There is too much negativity attached to the place. So you lost some money on the inspections, etc. Consider it money well spent. Who wants a house that you have to battle to get into? Others may disagree and recommend that you fight tooth and nail, but even the prevailing party loses a little something in those struggles. Keep your sanity and move on... find a place with willing Sellers and good vibes. You'll feel a lot better than fighting over things.
Let me first say that I am not an attorney and you should have a real estate attorney address this issue.
That said... there are so many conditions in a real estate contract, is the property being sold 'as is' , (which in the state of NJ most properties are sold 'as is'). Sometimes there are inspection conditions in a contract...is there a specified dollar amount stated in the contract that the seller would have to pay up to for any repairs, and in the event the cost to repair exceeds that dollar amount the seller has the option to cancel the contract and return the deposit monies to the buyer? You should read the every paragraph of the contract very carefully.
As for the seller's dad owning the house, who knows, and he's threatening to damage his own house, he sounds like a wackadoodle!
It's happening for a reason, and with all the homes for sale today, I'd say let them keep their home.
I agree with everyone else, just walk away. You don't want to be involved with these people. Contracts can fall apart at the inspection stage, mostly it's when the buyer walks away. It's kind of odd that they are still wanting out even after you backed down on the repairs, but there might be another reason going on. Anyway, easier just to walk.
With a mtg rate lock, you could have a few thousand dollars that you will lose it you walk away.
Get your attorney to find out who's on the deed. It doesn't matter what personal agreement they sellers have.
If Dad is on the deed and now only getting involved you might have a case against the realtor on letting it get this far without full knowledge of who owns the property and who signed her real estate contract.
If Dad isn't on the house then before I walk away the sellers are paying me the money I've spent. I would also records all conversations with everyone and in this case, hold money in escrow until you own the house and change the locks.
Sounds like Dad doesn't want to move and considering the Sellers are cancelling, no way would I walk away with empty pockets.
I would absolutely talk to your attorney. If the father is not on the paperwork he has no legal say in the matter. If they are just flat out refusing with no real reason, I would have your lawyer go after them for any monies you have put out of pocket and will lose if the deal falls through.
Hello,
We are trying to buy a new house. Everything was going well until after inspection when the Seller's attorney not only refused to fix stuff found in inspection but responded by saying that the Seller is canceling the contract. Our deposit monies were due the day we received this response. When my wife went to the Seller's attorney's office to deliver the check for the deposit, he not only refused to accept the check but also was rude to my wife and told her to leave or else they will call the Police. I hired a messenger and sent the check again. The attorney opened the letter and again refused to accept it. When I called the Seller she told me that her father is the owner of the house -- though his name is nowhere on the contract and Tax records. She told me that his father got mad when he looked at the letter from our attorney regarding the repairs related to the inspection. His father called me, was very rude to me, told me that I am trying to take advantage of her daughter, and that I should not mess with his family. He told me that he is not selling me the house, no matter what. The inspection stuff wasn't that big a deal and we liked the house, so my attorney suggested accepting the transaction without the repairs and he sent the Seller a letter stating that. In the evening I tried reaching the Seller numerous times just to ask what went wrong. The next day, I again received a call from the Dad and this time he threatened to damage the house if I go ahead with the transaction.
We already spent money on Inspection, Mortgage Rate Lock, and the Attorney. What are our options at this time? This guy (Seller's Dad) who has no business with this house has been harassing and threatening me. Should I inform the Police about these threats? The Seller is not returning my calls. I will speak to my attorney tomorrow but wanted to check what others recommend as well.
I will appreciate all advice. Thanks.
Any further contact with this family should be through your attorney. Fighting for a house to call home with have a stigma attached and who really wants a home who 's owners dad is threatening you? No one I am sure but don't take this lightly. Notify the local Police and tell them what has happened. It is easier to just walk away than to argue with threatening people. Maybe the Police will go to his work and subdue him with confirmation from you that he has threatened you in writing....
Just remember never take a threat lightly......Good luck ....
Hello,
We are trying to buy a new house. Everything was going well until after inspection when the Seller's attorney not only refused to fix stuff found in inspection but responded by saying that the Seller is canceling the contract. Our deposit monies were due the day we received this response. When my wife went to the Seller's attorney's office to deliver the check for the deposit, he not only refused to accept the check but also was rude to my wife and told her to leave or else they will call the Police. I hired a messenger and sent the check again. The attorney opened the letter and again refused to accept it. When I called the Seller she told me that her father is the owner of the house -- though his name is nowhere on the contract and Tax records. She told me that his father got mad when he looked at the letter from our attorney regarding the repairs related to the inspection. His father called me, was very rude to me, told me that I am trying to take advantage of her daughter, and that I should not mess with his family. He told me that he is not selling me the house, no matter what. The inspection stuff wasn't that big a deal and we liked the house, so my attorney suggested accepting the transaction without the repairs and he sent the Seller a letter stating that. In the evening I tried reaching the Seller numerous times just to ask what went wrong. The next day, I again received a call from the Dad and this time he threatened to damage the house if I go ahead with the transaction.
We already spent money on Inspection, Mortgage Rate Lock, and the Attorney. What are our options at this time? This guy (Seller's Dad) who has no business with this house has been harassing and threatening me. Should I inform the Police about these threats? The Seller is not returning my calls. I will speak to my attorney tomorrow but wanted to check what others recommend as well.
I will appreciate all advise. Thanks.
It's easier for you to find another seller than it is for them to find another buyer.
Your attorney will be able to tell you what remedies are available in terms of recovering your expenses.
You shouldn't be corresponding directly with the seller, especially from now. If the seller's father calls, you should tell them not to call you again and make a note of both the time of that call and any other unwanted calls you receive from them.
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Let them keep their stinkin house!
