Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
And how on earth did the utilities get changed to their name? They didn't have a closing statement, etc. to show that they were the owners, which is what we would nee around here, and I assume you had not cancelled the services, yet?
In my area, you only have to call the utility company and say "I need to transfer the utilities for this address" and pay a deposit and you're done.
If this deal does go through and my husband signs the addendum the agent sent (in place of a contract)and close by the 15th, can we still file a lawsuit against the real estate agent and the broker or is it a done deal. If a lawsuit is only going to be worth around 5 or 6000 dollars we feel it's not worth more stress than we've already gone through. But there should be consequences to them absolutely!! My husband just wants this over but I want them to pay dearly for this nightmare they've put us through!
You should sue for cost of storage, what they should be paying in market rent, misrepresentation, realtor's fees paid, ... + more. I would think that would be more than 5 or 6k?
If this deal does go through and my husband signs the addendum the agent sent (in place of a contract)and close by the 15th, can we still file a lawsuit against the real estate agent and the broker or is it a done deal. If a lawsuit is only going to be worth around 5 or 6000 dollars we feel it's not worth more stress than we've already gone through. But there should be consequences to them absolutely!! My husband just wants this over but I want them to pay dearly for this nightmare they've put us through!
The purchase contract is between buyer and seller, not between you and your agent. Once it's closed, you have absolutely every right to sue the pants off the agents/brokers on each side! They have insurance...
I remember about 10-12 years ago, at our walk thru, one of my buyers asked if they could store a patio table and chairs in the garage until closing. She had just bought it and it was in her car. I said absolutely not because it's not her house and it wouldn't be insured if it was stolen. As far as I knew, she listened... after closing, she told me her boyfriend snuck the furniture in the garage when she was distracting me in the backyard. I was so livid that she would do that, but just smiled through my teeth. It was only a table and two chairs, but I felt betrayed. All that to say, your agents should NOT have allowed anything in that house and they definitely had to know what was going on.
We live 4 hours south of where our home is listed for sale.
You never did confirm whether the house you're trying to sell is in Michigan. Is it?
Quote:
Originally Posted by Chill2016
If this deal does go through and my husband signs the addendum the agent sent (in place of a contract)and close by the 15th, can we still file a lawsuit against the real estate agent and the broker or is it a done deal. If a lawsuit is only going to be worth around 5 or 6000 dollars we feel it's not worth more stress than we've already gone through. But there should be consequences to them absolutely!! My husband just wants this over but I want them to pay dearly for this nightmare they've put us through!
From a practical standpoint, if you close on your house you'll probably be less likely to follow through with a complaint or a lawsuit. You'll also be in a less favorable position to seek a private settlement of the matter. That's because once they receive their commission, they will be less willing to return it. I think it would be much easier for them to agree to forgo the commission than it would be for them to return it once it's paid. (If they have insurance, that might be another matter--but not all agents do.)
As I suggested earlier, I think you should prepare your complaint prior to closing. Consult with an attorney and discuss your options. Lawsuits can be a pain, not to mention expensive. That's why I think a private settlement may be your best option.
P.S. An addendum becomes a part of the contract--it is not in place of it.
I would not sign another gosh darn thing, PERIOD without an attorney consultation. And finding an attorney is not going to be the piece of cake you may think it will be. Many of the well versed real estate attorneys depend on the local real estate community for their income. Try to find someone that does have a real estate attorney on the payroll, but find someone in contract litigation and with real estate contracts. If you see an attorney hem and haw, chances are they know the parties involved. One place to ask is to call other attorneys, family law, EOE, insurance claims.........and ask them, who would they hire in your situation. I guarandarntee it one or two names will float to the top.
Forget about the 15th, it's the carrot, it's on a string and it's tied to a stick, five inches in front of your nose.
If this deal does go through and my husband signs the addendum the agent sent (in place of a contract)and close by the 15th, can we still file a lawsuit against the real estate agent and the broker or is it a done deal. If a lawsuit is only going to be worth around 5 or 6000 dollars we feel it's not worth more stress than we've already gone through. But there should be consequences to them absolutely!! My husband just wants this over but I want them to pay dearly for this nightmare they've put us through!
Why in the world would you sign anything that either of those idiot agents sends you. It is done, over, move on with new representation and find a REAL buyer.
You should sue for cost of storage, what they should be paying in market rent, misrepresentation, realtor's fees paid, ... + more. I would think that would be more than 5 or 6k?
I'm just a layperson but wouldn't the fair market rent of an entire house and the land be worth at least $2,000 a month (heck, in many cities it would be worth twice that amount)? Plus, the cost of what you paid for the rental of your storage unit, plus the cost of the hotel room when you could not stay in your own home plus all of that other stuff. I would think that you would be suing for triple the amount that you listed.
Again, I'm just a layperson, but IMHO that real estate person should lose their license for allowing then to move into the house (since he obviously gave them a key) and the real estate company should get a huge fine and sanctions from the state licensing board.
I believe it is a matter to discuss with the police or the district attorney as there probably could be criminal charges against the people who moved into your house and the real estate agent who let them do it.
Heck, some people (including me) would have called the police the first time that they discovered that the person had stored stuff in their garage. And, IMHO, most people who have definitely called the police if they discovered someone actually living in their house.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
