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Old 07-20-2012, 04:19 PM
 
Location: Virginia
630 posts, read 1,711,610 times
Reputation: 572

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Quote:
Originally Posted by manderly6 View Post
You still should have read the report. Sounds like you never read it.
Yes..we did..today. But what does that matter? Whether we read it at the end of closing or today..too late is too late.
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Old 07-20-2012, 04:36 PM
 
Location: Pleasanton, CA
115 posts, read 362,584 times
Reputation: 169
First let me say that I am sorry for your troubles and I hope that you get them corrected as soon as possible.
Second I would like to say that your listing agent and the buyers agent should never be remotely the same at any point. The fact that they almost pushed you into this situation shows a corrupt RE Agency. You need to go after them legally. I feel (and this is my personal opinion seeing things from afar) that they knew about it and their main goal was their bottom line. I feel the agent HAD to know about it, there's no way he didn't.

However, from a legal standpoint, I feel the blame is going to fall on you at the end of the day. YOU should have read it, if they didn't give it to you then YOU should NOT have signed any papers. YOU made one of the biggest moves in your life based on what other people told you with no evidence behind it. YOU should have read the title and every other piece of paper work from TOP to BOTTOM and FRONT to BACK before ever signing anything.
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Old 07-20-2012, 04:50 PM
 
2,957 posts, read 5,871,134 times
Reputation: 2286
Quote:
Originally Posted by DevionisDream View Post
First let me say that I am sorry for your troubles and I hope that you get them corrected as soon as possible.
Second I would like to say that your listing agent and the buyers agent should never be remotely the same at any point. The fact that they almost pushed you into this situation shows a corrupt RE Agency. You need to go after them legally. I feel (and this is my personal opinion seeing things from afar) that they knew about it and their main goal was their bottom line. I feel the agent HAD to know about it, there's no way he didn't.

However, from a legal standpoint, I feel the blame is going to fall on you at the end of the day. YOU should have read it, if they didn't give it to you then YOU should NOT have signed any papers. YOU made one of the biggest moves in your life based on what other people told you with no evidence behind it. YOU should have read the title and every other piece of paper work from TOP to BOTTOM and FRONT to BACK before ever signing anything.
Generally, I would agree with you, as I'm a strong believer in personal responsibility. However, that's why she hired a lawyer. The lawyer should have read everything (and charged her by the hour) and discussed this with her.

As a 1st time homebuyer, my financing came in a few hours before the expiration on the contract. This meant that I had to trust my lawyer (same person as title company) with stuff like easements.
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Old 07-20-2012, 04:54 PM
 
Location: Barrington
63,919 posts, read 46,483,367 times
Reputation: 20674
Quote:
Originally Posted by DevionisDream View Post

Second I would like to say that your listing agent and the buyers agent should never be remotely the same at any point. The fact that they almost pushed you into this situation shows a corrupt RE Agency. You need to go after them legally. I feel (and this is my personal opinion seeing things from afar) that they knew about it and their main goal was their bottom line. I feel the agent HAD to know about it, there's no way he didn't.
The Op make contact with the listing agent instead of using a buyer's agent. No telling if the outcome would have been different had she used a buyer's agent.

I am not getting ther sense the OP was pushed into anything by anyone. They likely thought they were getting a good deal on a foreclosed property. No clue why you believe it is a corrupt agency. There is not enough information to draw any conclusions.

You are speculating that these agents knew anything about the easments.

As has been previously suggested , this is real estate attorney time.
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Old 07-20-2012, 04:54 PM
 
Location: Virginia
630 posts, read 1,711,610 times
Reputation: 572
Quote:
Originally Posted by DevionisDream View Post
First let me say that I am sorry for your troubles and I hope that you get them corrected as soon as possible.
Second I would like to say that your listing agent and the buyers agent should never be remotely the same at any point. The fact that they almost pushed you into this situation shows a corrupt RE Agency. You need to go after them legally. I feel (and this is my personal opinion seeing things from afar) that they knew about it and their main goal was their bottom line. I feel the agent HAD to know about it, there's no way he didn't.

However, from a legal standpoint, I feel the blame is going to fall on you at the end of the day. YOU should have read it, if they didn't give it to you then YOU should NOT have signed any papers. YOU made one of the biggest moves in your life based on what other people told you with no evidence behind it. YOU should have read the title and every other piece of paper work from TOP to BOTTOM and FRONT to BACK before ever signing anything.
Hi..thanks Devionis!

Here is the thing..we didn't know that easements would be in the title report. How are we supposed to know that? We were dependent upon the people hired to protect us from things like this. That's a big FAIL. We don't know everything there is to know about buying a home.
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Old 07-20-2012, 04:58 PM
 
Location: NJ
17,574 posts, read 46,002,162 times
Reputation: 16271
Quote:
Originally Posted by ~Pajama mama~ View Post
Hi..thanks Devionis!

Here is the thing..we didn't know that easements would be in the title report. How are we supposed to know that? We were dependent upon the people hired to protect us from things like this. That's a big FAIL. We don't know everything there is to know about buying a home.
Not to pile on, but the reason you get a title report is to see what is on it. Of course you didn't know they would be on there. That is why you review it.

I do hope your situation gets worked out. It certainly sucks.
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Old 07-20-2012, 04:59 PM
 
4,918 posts, read 22,616,489 times
Reputation: 6303
Just one question, are you sure you purcahsed what you think you purchsed and not proeprty yuo think is what it is but officially was soemthingbelse?

What I';m asking is does the official description of the proeprty show it as the property you think you purchased or in the official description the road is actaully already deducted from the land size or actually listed and because it doesn't physically exist yet, you asumed all that proeprty was yours?
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Old 07-20-2012, 05:05 PM
 
Location: Virginia
630 posts, read 1,711,610 times
Reputation: 572
Quote:
Originally Posted by middle-aged mom View Post
The Op make contact with the listing agent instead of using a buyer's agent. No telling if the outcome would have been different had she used a buyer's agent.

I am not getting ther sense the OP was pushed into anything by anyone. They likely thought they were getting a good deal on a foreclosed property. No clue why you believe it is a corrupt agency. There is not enough information to draw any conclusions.

You are speculating that these agents knew anything about the easments.

As has been previously suggested , this is real estate attorney time.
Actually..we didn't contact the listing agent. I contacted an agent in the same agency. She showed us the house and we sat down with her to fill out the offer. However..from that point on all questions/answers were deferred to the listing agent. Should we have screamed about it? Yes..but we had to be out of our rental and had no other options as far as houses to purchase.

Pushed..no..rushed..yes. And you are also drawing conclusions. No..we didn't think we were getting a good deal. It wasn't..but it was a house that could be fixed up and keep our kids in the same school district. I actually posted previously about the agent situation..they were not on the up and up.

We will be contacting a lawyer not involved in the transaction on Monday..as our lawyer never returned our call.
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Old 07-20-2012, 05:10 PM
 
Location: Virginia
630 posts, read 1,711,610 times
Reputation: 572
Quote:
Originally Posted by manderly6 View Post
Not to pile on, but the reason you get a title report is to see what is on it. Of course you didn't know they would be on there. That is why you review it.

I do hope your situation gets worked out. It certainly sucks.
I thought the purpose of a title report was to determine any liens/judgements etc. Had we known easements showed up on the title report..I would have asked for the report way before closing.

It does suck..and we have the weekend now to fret without any info as to what our options are. I hate that...
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Old 07-20-2012, 05:16 PM
 
12,973 posts, read 15,731,308 times
Reputation: 5478
RE Agent and Lawyer both screwed up. Pretty much beyond any reasonable doubt. Both should have read the Title Report and should have jumped all over new easements. The cooperating agents at the same brokerage merely compound the problem. This is the reason an agent always reads the prelim. You look for anything new or different.

This is a very, very unusual situation. Alarm bells should have been going off all over the place. I would have thought Title would jump on it as well.

O&E time.
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