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Old 02-09-2019, 12:30 PM
 
Location: Haiku
3,625 posts, read 2,351,576 times
Reputation: 5283

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The house sounds bad with all those problems. I think you dodged a bullet and should consider it a good thing and walk away.

As a practical matter, there is no obligation by the seller to accept the buyers demands based on inspections, so you have to be prepared that they will back out of it, which they did. It was rude to not release the funds but not the end of the world.
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Old 02-09-2019, 12:34 PM
 
35,806 posts, read 13,690,619 times
Reputation: 22550
Standing water under house. Hole in roof. Sewer pipe disconnected. ...

What kind of place is this?

And why weren't such items disclosed?
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Old 02-09-2019, 12:43 PM
 
4 posts, read 1,331 times
Reputation: 16
Quote:
Originally Posted by TwoByFour View Post
The house sounds bad with all those problems. I think you dodged a bullet and should consider it a good thing and walk away.

As a practical matter, there is no obligation by the seller to accept the buyers demands based on inspections, so you have to be prepared that they will back out of it, which they did. It was rude to not release the funds but not the end of the world.
I agree, not the end of the world. I think just his actions throughout the process (missing deadlines, very rude messages to my realtor who is great BTW) and making me want to proceed more so with this process. I am not certain I will be proceeding with any further action, and would just like to know my options. The seller however did not back out, we did (buyers). The seller just wanted to be a further pain in the a$$ and drag it out. Because we were in contract with him, I am wondering if there is any further action I can take as he entered into another contract with the new buyers, before ours was cancelled.
Quote:
Originally Posted by GotHereQuickAsICould View Post
Standing water under house. Hole in roof. Sewer pipe disconnected. ...

What kind of place is this?

And why weren't such items disclosed?
Yup. Plus he (the seller and broker for the home) wanted our home inspections before they provided any disclosures to us. And the disclosures to us weren't even correct, they had items on there which the house did not have. It really makes me wonder if the seller told the new buyers about any of this stuff. Personally . am thinking of providing all of my home inspections to the new buyers (just mailing them to the new buyers) so they know the extent of the damages to the house, if they did not have all the inspections done that we did.
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Old 02-09-2019, 01:45 PM
 
2,609 posts, read 959,599 times
Reputation: 4981
I don't think you have a case. You have the money back. The seller sold the house. Deal is over with so put it behind you. Save your energy for looking at other houses.
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Old 02-09-2019, 03:05 PM
 
8,729 posts, read 7,708,517 times
Reputation: 18970
The minute you accepted the return of your escrow as you requested, you had made final settlement of the contract.

The fact that it was done, prior to the court papers had been served on him, is proof he did not do it to keep from being sued.

Take it to court, and the seller will show the court you had already had the money returned to you, before it was served on him, and you are still trying to sue him and may even try to get more money ($4K) the judge is going to be all over you for wasting the courts time with a law suite with no basis that already been settled.

You are going to have one angry judge, and it is possible the judge may give you some fine for not stopping the law suite when your claim had already been settled, and wasting the courts time. Especially as it was settled prior to the seller even be aware of the suit as the papers were served on him after the settlement of the sale which is the return of your money.
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Old 02-09-2019, 03:53 PM
 
Location: Bloomington IN
6,194 posts, read 7,405,296 times
Reputation: 15044
I don't know the specifics of the contract you signed. I do know what the state contract looks like in other places. You ended the contract after the negotiations over inspections did not result in a meeting of the minds. Did the contract give you the right to cancel it if you could not agree on the inspection related requests? He was free to sell it to someone else.

The return of the escrow money is a separate thing very often. The title company cannot release it if there is a dispute. Just a guess; he has a certain amount of time to direct the title company to send the escrow money. Again, what did you contract say about the return of the money?

His rudeness, etc. is of no concern to a court.

Quite wasting your time over the $50 court filing fee.
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Old 02-09-2019, 04:08 PM
 
Location: Salem, OR
13,838 posts, read 32,132,614 times
Reputation: 12432
Quote:
Originally Posted by Down_With_Lima_Beans View Post

I filed a complaint right away with the Dept. ofReal Estate, however they said it is a civil issue. I guess I can go just for the $50 SCC filing fee I paid, and ask for more to see if the judge agrees. In CA, the seller is supposed to release ALL disclosures on the property. I am wondering if he let the new buyers know everything WE found wrong with the house (we paid for general house inspection, plumbing, pest, fireplace, and appraisal). I may just give the new owners our inspections, to see if they are aware of all the issues.
Um. I'd take issue with this. The Dept of Real Estate can't give you your money back as THAT is a civil issue, but there is no way that it is acceptable in CA for an agent to refuse to sign over earnest monies for that long. It also cannot be acceptable that an agent was under contract for two properties at the same time.

I think you should talk to your agent and find out what statues that agent violated. Out here, it would easily be that they violated their fiduciary duties to you (in Oregon listing agents have only 3 fiduciary duties to buyers and this agent would have violated all three of them), and we have a "professional behavior" one that this agent would be in clear violation of. Find out what he violated in CA. If he is a REALTOR®, then he clearly violated the COE.
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Old 02-09-2019, 10:53 PM
 
6,524 posts, read 1,990,524 times
Reputation: 5034
Quote:
Originally Posted by Down_With_Lima_Beans View Post
I put an offer on a house in late November 2018, completed inspections, couldn't come to an agreement with the seller (who is also the broker, the house was flipped), and sent the signed papers to cancel the sale around December 15, 2018. The seller refused to sign the paperwork (and sent some immature text messages to my realtor), and said he will 'drag this out as long as possible' so I wouldn't get my earnest money back from the escrow account. He also disputed my demand to the escrow company to release the funds, but did not provide a reason. He then relisted the property for sale, while refusing to sign my cancellation. The property then went pending, and I waited for 8 weeks for him to sign the cancellation to release my earnest money.

On 02/01/2019 I filed a small claims suit requesting the funds be released, as well as $1000 for not having a good faith reason for not signing it (which is in our contract). On 02/04/2019, he magically signed the document to cancel the sale, and to release my funds (the paperwork had not yet been served to him). I later found out that on 02/04/2019 the house officially sold/closed to someone else.

Because I already have this lawsuit filed and paid for, I figure I might as well go to the court date and follow through. I am wondering if in addition to the $1000 for not having a good faith reasoning for not signing, I am also thinking of adding another $4k for breach of contract. He was still under contract with me, while he went through with the other sale. Any advice on this? Any chance I will win in SCC? Any statutes or laws that he violated in regards to the contract would be much appreciated.
1. We are not supposed to give legal advice.
2. If you expect us to break the rules, you absolutely MUST tell us what state you live in.
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Old 02-09-2019, 10:55 PM
 
6,524 posts, read 1,990,524 times
Reputation: 5034
Quote:
Originally Posted by Parnassia View Post
?? YOU decided to cancel, not the seller. The reason you gave was that you and the seller "couldn't come to an agreement" of terms. You were never "under contract", you were still negotiating. So, the seller was free to consider the other offer and accept it. Despite your accusations of "dragging this out", you also did get your earnest money back. But that's not enough...you want even more money for breach of a contract you did not even have. Drop it and move on.
How could there be earnest money without a contract?
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Old 02-10-2019, 02:23 PM
 
Location: Columbia, SC
8,960 posts, read 17,720,055 times
Reputation: 6398
Not sure what you have against Lima beans, but at a minimum report him to the real estate commission. Not sure if you have damages to pursue since the funds were eventually released. What does the contract state about that?
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