U.S. CitiesCity-Data Forum Index
Covid-19 Information Page
Go Back   City-Data Forum > General Forums > Real Estate
 [Register]
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.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
 
Old 04-20-2012, 03:47 PM
 
68 posts, read 371,025 times
Reputation: 28

Advertisements

Thanks for all your advice everyone. I'll talk to my family and see what they want to do. I would 100% like to get my expenses back so if they won't budge on that then I will be going after them.

Seriously seller's should know whether or not they actually want to sell before they even put the house on market.
Rate this post positively Quick reply to this message

 
Old 04-20-2012, 05:42 PM
 
68 posts, read 371,025 times
Reputation: 28
so the seller was given 24 hours to give us a final response, but have not heard anything from them. Our real estate agent has contacted their agent all day with zero response from either. Their agent won't even pick up the phone or respond back. WTF!!!!!!!!!!!!

Our realtor has drafted a letter to send to them for an official response from them and will be sending it. I'm hoping it doesn't come to a lawsuit but I think it might. What should we expect from all this? What should we know going in?

Any other advice in the interim? This is all very overwhelming. What should have been a positive experience has turned into a nightmare and we won't even get the house we wanted.
Rate this post positively Quick reply to this message
 
Old 04-20-2012, 06:20 PM
 
3,398 posts, read 4,603,031 times
Reputation: 2413
You said that according to your contract that they do not have a way to cancel. If that is the case why do you talk as though they might? As a buyer I don't know if I would want to try to force someone out. I would be worried they would do something to the house or refuse to get out after closing. It might be easier just to find another house. As far as getting money back for expenses, have you asked your Realtor about this? Before taking on the expense of a lawyer, why not try to work something out with these sellers. I think that's what I would do.
Rate this post positively Quick reply to this message
 
Old 04-21-2012, 08:55 AM
 
68 posts, read 371,025 times
Reputation: 28
Quote:
Originally Posted by Nocontengencies View Post
You said that according to your contract that they do not have a way to cancel. If that is the case why do you talk as though they might? As a buyer I don't know if I would want to try to force someone out. I would be worried they would do something to the house or refuse to get out after closing. It might be easier just to find another house. As far as getting money back for expenses, have you asked your Realtor about this? Before taking on the expense of a lawyer, why not try to work something out with these sellers. I think that's what I would do.
we tried all that and are still trying all that. we are still hopeful that the sale will go through but with HUGE doubts now. At this point we just want our money back that they are holding + expenses (inspection, appraisial, mortgage). Its actually a lot of money.

Can they just verbally back out of the sale? Can they verbally back out and keep all our money, leaving us holding the bag on expenses that are owed to us based on the contract? How would things have been if the roles were reversed and we the buyer were backing out. This is complete BS.

If you read my post above you would know we contacted their realtor through ours multiple times with ZERO response. Its been 48 hours now with out any word from them. They are completely ignoring us. Won't even return phone calls. So since they are doing this, what choices do we have left? I'd love to resolve the matter ASAP so we know what the heck to do next. We already lost the opportunity to purchase other homes and as they keep wasting more time we waste even more.

They are basically all showing how unprofessional the bunch of them are including their realtor.
Rate this post positively Quick reply to this message
 
Old 04-21-2012, 09:44 AM
 
1,367 posts, read 4,831,002 times
Reputation: 860
they obviously have ot return your escrow money.
it would be nice of them and they should pay you back for your out of pocket expenses.

I love how everyone says sue... loved to see that happen. you got $20K+ to spend on this, to kick them out of their house? It costs a lot of money to sue and I'm sure the house isn't THAT special. And at the end of the day, the judge is probably going to say, Mr seller, you get to keep your house.

a contract is only as good as how enforceable it is, as its on a home that they currently live in, and at most you're out a some hours of your time and the out of pocket expenses, that is probably the most that you would be compensated, so I'd go in with, we had a contract to buy your house, we laid out $X relying on that you were selling us the house, we want our money back.

in my area at least, RE agents don't generally sue sellers who change their mind unless there are some extenuating circumstances. we changed our mind selling our house a while back, my wife was told she wouldn't have a job by the end of the year the week we got an offer that we accepted. We pulled the plug before we went to contract, the RE agent understood and said they don't normally seek $$ in that case. about a year+ later we decided to sell, and used the same agent, she was happy got paid from the sale and purchase
Rate this post positively Quick reply to this message
 
Old 04-21-2012, 09:47 AM
 
Location: El Dorado Hills, CA
3,724 posts, read 8,971,950 times
Reputation: 3891
Has your realtor sent a Notice to Perform (or something similar for your state)? Best to make it official rather than phone calls or letters. Hopefully your agent has an email tracker system that she can verify receipt of it or she can deliver it in person.
Rate this post positively Quick reply to this message
 
Old 04-21-2012, 10:36 AM
 
Location: NJ
17,579 posts, read 42,165,730 times
Reputation: 16197
You keep asking what you can do and what they are able to do. Stop asking and go see a lawyer. That is the only way you are going to get the answers you are looking for.
Rate this post positively Quick reply to this message
 
Old 04-21-2012, 10:39 AM
 
3,398 posts, read 4,603,031 times
Reputation: 2413
Quote:
Originally Posted by slusher View Post
we tried all that and are still trying all that. we are still hopeful that the sale will go through but with HUGE doubts now. At this point we just want our money back that they are holding + expenses (inspection, appraisial, mortgage). Its actually a lot of money.

Can they just verbally back out of the sale? Can they verbally back out and keep all our money, leaving us holding the bag on expenses that are owed to us based on the contract? How would things have been if the roles were reversed and we the buyer were backing out. This is complete BS.

If you read my post above you would know we contacted their realtor through ours multiple times with ZERO response. Its been 48 hours now with out any word from them. They are completely ignoring us. Won't even return phone calls. So since they are doing this, what choices do we have left? I'd love to resolve the matter ASAP so we know what the heck to do next. We already lost the opportunity to purchase other homes and as they keep wasting more time we waste even more.

They are basically all showing how unprofessional the bunch of them are including their realtor.
Without knowing what your contract says I don't know if they have a way out. If the listing agent is ignoring you and hiding the next thing I would do is call their broker and explain the situation. It's inexcusable for them to act like that.

I will say this much, most of the time it is harder for a seller to get out of a deal than it is for a buyer. There are contingencies in real estate contracts that give the buyer who is unfamiliar with the house a way to cancel depending on inspection or if it doesn't appraise or they can't get a loan, not so much for the seller. That is only most of the time. What does your agent say? Read the contract and talk to your agent.
Rate this post positively Quick reply to this message
 
Old 04-21-2012, 10:40 AM
 
Location: Phoenix, AZ > Raleigh, NC
16,857 posts, read 21,904,306 times
Reputation: 28072
First, convince yourself of this: you do not want this house. The owners are flakes, maybe frauds, and not trustworthy. Who knows how well or how poorly they have maintained their house. You are well rid of it and will find something even better. Read and repeat at least ten times.

Then, get started looking for a different, better house. Do not compare it to this one.

Then, I'm not an attorney, but I would think that small claims court would be the best and cheapest route to go to be reimbursed for your out of pocket expenses. Unless your realtor gets the owners to do the right thing.
Rate this post positively Quick reply to this message
 
Old 04-21-2012, 10:42 AM
 
3,398 posts, read 4,603,031 times
Reputation: 2413
Quote:
Originally Posted by Chrisk327 View Post
they obviously have ot return your escrow money.
it would be nice of them and they should pay you back for your out of pocket expenses.

I love how everyone says sue... loved to see that happen. you got $20K+ to spend on this, to kick them out of their house? It costs a lot of money to sue and I'm sure the house isn't THAT special. And at the end of the day, the judge is probably going to say, Mr seller, you get to keep your house.

a contract is only as good as how enforceable it is, as its on a home that they currently live in, and at most you're out a some hours of your time and the out of pocket expenses, that is probably the most that you would be compensated, so I'd go in with, we had a contract to buy your house, we laid out $X relying on that you were selling us the house, we want our money back.

in my area at least, RE agents don't generally sue sellers who change their mind unless there are some extenuating circumstances. we changed our mind selling our house a while back, my wife was told she wouldn't have a job by the end of the year the week we got an offer that we accepted. We pulled the plug before we went to contract, the RE agent understood and said they don't normally seek $$ in that case. about a year+ later we decided to sell, and used the same agent, she was happy got paid from the sale and purchase
But you changed your mind before there was a signed contract? That's totally different. You didn't back out of a deal, because you didn't yet have one.
Rate this post positively Quick reply to this message
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 update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:
Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate

All times are GMT -6.

© 2005-2021, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top