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love the Carolinas great ideas thank you. I am not too worried about my 3rd & 5th graders as elementary school kids are easier. But my 7th grader I am sick with worry about. leeohana it is good to know we are not alone! Maybe we will live in the same area and be able to hook them up LOL! My dd has had a few meltdowns about moving since we have been back home (only since Sat) Her friends here are putting alot of ideas in her head. The sooner we are out of here the better!
i first found this site to read and get some advice from others that are having the same trouble as me on selling our house. but after continuing to read everyones posts...you guys are getting off track and need to start in another page under a new topic. i feel for everyone's problems butting fighting back and forth about finances are not relative.
i currently live in south florida and hoping to sell my house and relocate to the charlotte nc area...i am personally excited at the lower cost of living and housing out there but i guess it matters where you come from.
and i too have had a terrible experiance in the home selling process which i was hoping to continue to read about and share my story.
we are all hoping to sell and move on...why not continue to discuss the topic at hand.
if anyone is interested you may reply...
my horror story starts like this...
we were talking about selling when the market was hot down here but wanted to do some improvements before listing, then the hurricane came and did alot of damage...ok... we fixed the repairs and finally listed in mid may with the hopes of selling in the summer so my kids can start the new school year in nc.
noticing that the market has slowed down, we new it was going to take some time but felt that we can still pull it off for the summer.
our prayers were answered after having hardly any showings during that time...wow had had an offer in 7 weeks and the buyers needed to move fast. perfect...the contract was made the first week of july and to close on the 31st. we were very excited...started to get everything organized etc etc.
had the appraisal, buyers loan finalized and on time, now the inspection...they all showed up but acted weird and started personally attacking us and being very rude and nasty but being first time home sellers thought this is what you go thru...come to find out just last week a neighborhood who also had there house on the market who was priced higher and for a longer period of time was frustrated that we had an offer and decided to lower there price to see if they can sell faster as well...guess what, we found out that the buyers agent told the clients of our neighbors house price decrease while under contract with us and showed them the house. they came to our inspection with a changed mind and thats why they acted the way they did and is now closing on my neighbors home on monday.
its a big legal mess right now and we are just hoping for some new buyers.
any advice or encouragement would be appreciated...thanks
we were talking about selling when the market was hot down here but wanted to do some improvements before listing, then the hurricane came and did alot of damage...ok... we fixed the repairs and finally listed in mid may with the hopes of selling in the summer so my kids can start the new school year in nc.
noticing that the market has slowed down, we new it was going to take some time but felt that we can still pull it off for the summer.
our prayers were answered after having hardly any showings during that time...wow had had an offer in 7 weeks and the buyers needed to move fast. perfect...the contract was made the first week of july and to close on the 31st. we were very excited...started to get everything organized etc etc.
had the appraisal, buyers loan finalized and on time, now the inspection...they all showed up but acted weird and started personally attacking us and being very rude and nasty but being first time home sellers thought this is what you go thru...come to find out just last week a neighborhood who also had there house on the market who was priced higher and for a longer period of time was frustrated that we had an offer and decided to lower there price to see if they can sell faster as well...guess what, we found out that the buyers agent told the clients of our neighbors house price decrease while under contract with us and showed them the house. they came to our inspection with a changed mind and thats why they acted the way they did and is now closing on my neighbors home on monday.
its a big legal mess right now and we are just hoping for some new buyers.
any advice or encouragement would be appreciated...thanks
Were the contracts signed and the buyers put the down payment? If so, then you are entitled to that. When we listed our house, we priced it right, not higher than many out there had done. When my agent had the broker open house, she told my agent that our house was killing her because she had a client that was selling her house and she wanted to price it much higher. Well, we sold our house and now the other house that was priced 40k higher now dropped the price by 30k. I wish you the best of luck and I hope it all works out for you.
Were the contracts signed and the buyers put the down payment? If so, then you are entitled to that. When we listed our house, we priced it right, not higher than many out there had done. When my agent had the broker open house, she told my agent that our house was killing her because she had a client that was selling her house and she wanted to price it much higher. Well, we sold our house and now the other house that was priced 40k higher now dropped the price by 30k. I wish you the best of luck and I hope it all works out for you.
yes, they left a 5k deposit which they are trying to get back, and our agent is telling us not to sign the release (currently not out of our contract but has one with the neighbors house}until all is straightened out, they are supposed to close this monday. we did make a claim to there broker for the deposit but our agent said if we want to proceed we have to hire an attorney because even tho its wrong what she did, she made sure she did it in a way where it was border line legal. but we were told that we can file a complaint against her personally and her license may be revoked, suspended or she can be fined for her actions. do you know anything about florida real estate law? everyone we talk to says we can keep the deposit except our realtor. not sure if it would be worth the expense on hiring a lawyer. thanks for your reply
Were the contracts signed and the buyers put the down payment? If so, then you are entitled to that. When we listed our house, we priced it right, not higher than many out there had done. When my agent had the broker open house, she told my agent that our house was killing her because she had a client that was selling her house and she wanted to price it much higher. Well, we sold our house and now the other house that was priced 40k higher now dropped the price by 30k. I wish you the best of luck and I hope it all works out for you.
yes, they left a 5k deposit which they are trying to get back, and our agent is telling us not to sign the release (currently not out of our contract but has one with the neighbors house}until all is straightened out, they are supposed to close this monday. we did make a claim to there broker for the deposit but our agent said if we want to proceed we have to hire an attorney because even tho its wrong what she did, she made sure she did it in a way where it was border line legal. but we were told that we can file a complaint against her personally and her license may be revoked, suspended or she can be fined for her actions. do you know anything about florida real estate law? everyone we talk to says we can keep the deposit except our realtor. not sure if it would be worth the expense on hiring a lawyer. thanks for your reply
Have no clue about Florida law but I will tell you this....there is no reason why you should not be entitled to their down payment. We had buyers that kept on tossing back and forth the idea of buying our home (basically they wanted more for less). Anyway, they were backing out at the time the contracts were ready to be signed, then the second time when the contracts finally got signed and they put their down payment, I spoke with my agent about whether or not they can potentially hesitate again. He told me that if that was to happen, he would lose a lot more than just the possibility of buying our home. He was referring to their down payment. Once contracts are signed, it becomes a legal binding document. If the buyers are trying to back out, then they forfeit their down payment. Then they would be the ones that would have to hire an attorney to try and get their money back but I would guess that would be an uphill battle for them. I mean why bother than with a contract if people think they can just break it when they feel like it. Now, let's say that the contract said that you were leaving behind a jungle gym, or an above ground pool, then decided to take it (or take down the pool), then the buyers could potentially back out because the contract states what was sold to the buyers which originally included the gym or pool and now it doesn't. Good luck and keep us posted.
Have no clue about Florida law but I will tell you this....there is no reason why you should not be entitled to their down payment. We had buyers that kept on tossing back and forth the idea of buying our home (basically they wanted more for less). Anyway, they were backing out at the time the contracts were ready to be signed, then the second time when the contracts finally got signed and they put their down payment, I spoke with my agent about whether or not they can potentially hesitate again. He told me that if that was to happen, he would lose a lot more than just the possibility of buying our home. He was referring to their down payment. Once contracts are signed, it becomes a legal binding document. If the buyers are trying to back out, then they forfeit their down payment. Then they would be the ones that would have to hire an attorney to try and get their money back but I would guess that would be an uphill battle for them. I mean why bother than with a contract if people think they can just break it when they feel like it. Now, let's say that the contract said that you were leaving behind a jungle gym, or an above ground pool, then decided to take it (or take down the pool), then the buyers could potentially back out because the contract states what was sold to the buyers which originally included the gym or pool and now it doesn't. Good luck and keep us posted.
I don't know Florida law either, but a few thoughts because we had a similar situation. I think the reason why you might have to fight for the money is because it probably is currently held by a neutral 3rd party (escrow officer etc). Those people will not take an opinion or a side on a dispute between the deposit. They will hold it until someone has a court order telling them who to release it to ... It just isn't worth it to the escrow people to take sides, no matter how obvious it is that someone is right and someone is wrong.
But maybe you don't need a lawyer ... doesn't Florida have small claims court?? In Cal, any dispute under $5000 can be fought there, and there are no lawyers allowed. That's what we did. Filed a small claims action when the buyer of an investment prop we owned bailed at the last second. She demanded return of her deposit, we demanded it as well, and escrow said "when there's an agreement or a court order, let us know." Filed in small claims, buyer relinquished her rights and escrow sent us the check.
You are such a hoot! I remember your posts on another message board....I think you said "I bid you all ADO!"
Whitney, I did say that and I even spelled it wrong. I was in complete shock that mostly everyone had no problem with that certain subject happening. The message I got from all those was yes we do that and so what. Being from NJ this was never done. Let's just say I had a CP meltdown I'm much better now.
Whitney, I did say that and I even spelled it wrong. I was in complete shock that mostly everyone had no problem with that certain subject happening. The message I got from all those was yes we do that and so what. Being from NJ this was never done. Let's just say I had a CP meltdown I'm much better now.
Good luck in whatever you decided to do about a move. I know there are good schools (and bad ones) in all parts of the country. Wishing you the best in either place and please, please know that I would certainly have problems with some of the things you are speaking about....
I don't know Florida law either, but a few thoughts because we had a similar situation. I think the reason why you might have to fight for the money is because it probably is currently held by a neutral 3rd party (escrow officer etc). Those people will not take an opinion or a side on a dispute between the deposit. They will hold it until someone has a court order telling them who to release it to ... It just isn't worth it to the escrow people to take sides, no matter how obvious it is that someone is right and someone is wrong.
But maybe you don't need a lawyer ... doesn't Florida have small claims court?? In Cal, any dispute under $5000 can be fought there, and there are no lawyers allowed. That's what we did. Filed a small claims action when the buyer of an investment prop we owned bailed at the last second. She demanded return of her deposit, we demanded it as well, and escrow said "when there's an agreement or a court order, let us know." Filed in small claims, buyer relinquished her rights and escrow sent us the check.
We are in a similar situation........just wondering, how much did small claims court cost? We might just have to do that to get the deposit. Our buyers backed out on the day of closing but he won't sign the release of funds form.
We are in a similar situation........just wondering, how much did small claims court cost? We might just have to do that to get the deposit. Our buyers backed out on the day of closing but he won't sign the release of funds form.
I think it was $25.00 to file.
I will warn you, the law protects the buyer and the drawback of small claims is that it is less "law" and more "common sense and fairness." I spoke with some small claims judges (I'm an attorney and happened to know some of the judges) who took the position that the buyer should get his deposit back. Doesn't matter what the contract says. Why? Cause it's considered "hardball" to demand the deposit - seller didn't do anything to earn it. Also, seller can still sell the property and therefore has no real damages from the failed transaction. So it's not a sure thing ....
So if you file, I would emphasize that the market has changed. You might have to sell for less because prices are declining, even if only by 5% etc. Highlight any consequential damages - delayed move etc. Show actual damages; don't just rely on the terms of the contract ("I should get this money because the contract says so.") Also, we wrote a letter to the buyer, via the buyer's agent, making a formal demand for the deposit and setting forth our reasons. That is Exhibit 1 in your small claims action, so make it professional, no personal attacks etc. Make it short too - just 1-2 pages. It might put the buyer's agent in your corner. Also, it's something for the judge to look at later that fully explains your position, which will be a relief when the judge cuts you off in court because he's got a million other cases to hear.
Good luck!
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getting off track here
