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Old 09-05-2019, 12:59 PM
 
10 posts, read 2,074 times
Reputation: 15

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Quote:
Originally Posted by beezle1 View Post
If the seller truly relisted because they could get more money, perhaps you could offer their new asking price? May be cheaper than trying to pursue a legal route to force them to sell to you?
Well they could probably get more because a year has gone by. Which is not our fault in any way.

As for paying more....I definitely do not want to reward this unethical, presumably illegal behavior in any way. I am just not cut of that cloth. Plus, what is to stop them from wanting more if they see we are willing to do that?
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Old 09-05-2019, 02:48 PM
 
Location: on the wind
7,772 posts, read 3,256,367 times
Reputation: 26338
Quote:
Originally Posted by FarOffShores View Post
Well they could probably get more because a year has gone by. Which is not our fault in any way.

As for paying more....I definitely do not want to reward this unethical, presumably illegal behavior in any way. I am just not cut of that cloth. Plus, what is to stop them from wanting more if they see we are willing to do that?
Guess you need to decide which is more important to you. Winning a contract fight no matter what, refusing to accept losing to another buyer who innocently offered more, or not wanting to reward bad behavior? They wasted their own year of carrying costs. Not sure any property would be worth all this to me. There are others.

Last edited by Parnassia; 09-05-2019 at 03:01 PM..
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Old 09-05-2019, 03:49 PM
 
475 posts, read 181,583 times
Reputation: 1656
Wouldn't your attorney have a way of putting a lien on the property, preventing any other sale?
If they don't want to sell to you (and that is their right if it isn't a federally illegal reason) you should be compensated for your expenses.

Is your attorney a real estate attorney? If not you should get one or at least talk to one and hear what your options are.

I am not an attorney in any way but as far as them quoting something in your original offer as a reason, that is bogus.
If you have a signed purchase contract then any other offer is dead (in the 3 states I've done purchases).

We recently made a purchase and the sellers rejected our offer and told us to submit a new offer and told us what price they would accept. I told our agent (who was not that experienced) that THEY should counter our offer and we will not submit a new offer. I did not want their agent to have a new higher offer from us that she could shop around and they could take their time with. They did counter our offer and we accepted immediately.
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Old 09-05-2019, 05:46 PM
 
2,554 posts, read 1,300,684 times
Reputation: 5491
Quote:
Originally Posted by twinkletwinkle22 View Post
Wouldn't your attorney have a way of putting a lien on the property, preventing any other sale?
If they don't want to sell to you (and that is their right if it isn't a federally illegal reason) you should be compensated for your expenses.

Is your attorney a real estate attorney? If not you should get one or at least talk to one and hear what your options are.

I am not an attorney in any way but as far as them quoting something in your original offer as a reason, that is bogus.
If you have a signed purchase contract then any other offer is dead (in the 3 states I've done purchases).

We recently made a purchase and the sellers rejected our offer and told us to submit a new offer and told us what price they would accept. I told our agent (who was not that experienced) that THEY should counter our offer and we will not submit a new offer. I did not want their agent to have a new higher offer from us that she could shop around and they could take their time with. They did counter our offer and we accepted immediately.
All of the above

Did your attorney pursue a lien? Has this situation been disclosed to thx current buyers? Does your attorney know what he)she is doing beyond resolving title issues? Are they a litigator?

Sorry OP, it sounds like your attorney should have been more aggressive. It may be too late now. You can either bribe the seller with more cash or spend that money in court. At the very least you need representation that understands how to combat these shady moves and gives you better advice than a forum of internet strangers.
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Old 09-05-2019, 06:15 PM
 
10 posts, read 2,074 times
Reputation: 15
Quote:
Originally Posted by Parnassia View Post
Guess you need to decide which is more important to you. Winning a contract fight no matter what, refusing to accept losing to another buyer who innocently offered more, or not wanting to reward bad behavior? They wasted their own year of carrying costs. Not sure any property would be worth all this to me. There are others.
I don't think the other offer was all that innocent tbh, but that is a different component that I suppose will only be surfaced if we sue. There may be other properties, but as uniqueness goes, this is pretty much a 10 out of 10, and it is in an area where we can afford it (or was, ha).
Quote:
Originally Posted by twinkletwinkle22 View Post
Wouldn't your attorney have a way of putting a lien on the property, preventing any other sale?
If they don't want to sell to you (and that is their right if it isn't a federally illegal reason) you should be compensated for your expenses.

Is your attorney a real estate attorney? If not you should get one or at least talk to one and hear what your options are.

I am not an attorney in any way but as far as them quoting something in your original offer as a reason, that is bogus.
If you have a signed purchase contract then any other offer is dead (in the 3 states I've done purchases).
Yes we have a thankfully very good real estate attorney, but, I really wanted to post this to get other outlooks (or experiences). We could get a call tomorrow that just says "they decided to honor the contract and sign". Or we could get a call that says "we havent heard from their side, what do you want to do next". And the "next" move is the lis pendens and that is way more $$$. But, it might also force them to cave sooner rather than facing us in court. I think the other offer and listing is frozen for the time being, even without being lis pendens.

I am not following what you mean about having it be their right to not sell to us unless we are a protected class....we are under contract, and havent made their time in this difficult. We are only trying to buy what was offered for sale.
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Old 09-05-2019, 08:00 PM
 
Location: Denver CO
21,496 posts, read 12,126,944 times
Reputation: 32788
I know just enough to know that NY real estate transactions are very different than in most places. Between that and all the specific complexities of your particular situation, this isn't going to be a productive discussion for anyone
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Old 09-05-2019, 08:20 PM
 
Location: Phoenix, AZ
1,875 posts, read 832,985 times
Reputation: 4772
Quote:
Originally Posted by FarOffShores View Post
(a once-in-a-lifetime dream for us)
That's where you made your mistake. Thinking any house is "a once-in-a-lifetime dream." Should have backed out the minute the deed problem reared its ugly head. An even better house would have come along.
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Old 09-05-2019, 08:39 PM
 
10 posts, read 2,074 times
Reputation: 15
Quote:
Originally Posted by emm74 View Post
I know just enough to know that NY real estate transactions are very different than in most places. Between that and all the specific complexities of your particular situation, this isn't going to be a productive discussion for anyone
Because I have been in NY all my life, I have no idea how they are different. What kinds of things are you referring to?
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Old 09-05-2019, 08:46 PM
 
6,877 posts, read 8,226,515 times
Reputation: 12013
Quote:
Originally Posted by FarOffShores View Post
We have signed purchase contract with permanent extension till deed stuff gets remedied
Generally, contracts need to have defined time limits for performance. You can't hold someone in limbo forever.

As to your questions:
Has a seller ever tried to cancel a contract willy nilly, just because they thought they could get more money and been successful?
Unfortunately, some try and some succeed.
Can the seller cite one of our contingencies as their out, without us consenting?
They can cite it, but that's generally not a valid out for the Seller. Everything is determined by the
terms of your contract.
Can they leverage the new offer against us somehow?
They can try.
We want the property. If they don't respond, what are odds of us winning a suit for specific performance? (bear in mind, we don't have endless supply of money)
It's hard to say. I think the odds might be fairly good--especially if their only reason is to get more
money--but the amount of money that you might need to spend throws everything into question.
If we win, could they be on the hook for our lawyer fees for the suit? Can we sue for punative damages too?
You're in NY. Your lawyer would know best.
What is the sellers real estate agent's liability here as she knows the contract, its language, length of our involvement....yet she listed it for sale again and solicited/accepted offers
If your lawyer feels that you still have a binding contract, I would report the listing agent to state real
estate authorities and let them sort it out.
Can the people who just placed the offer sue the the seller for the property as well? I am 99% sure it was not disclosed to them that the property was still under contract.
Anybody can sue, regardless of merit. They might have a better case against the Sellers and against
the Listing Broker for embroiling them in this mess.
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Old 09-05-2019, 09:00 PM
 
6,877 posts, read 8,226,515 times
Reputation: 12013
Quote:
Originally Posted by twinkletwinkle22 View Post
If they don't want to sell to you (and that is their right if it isn't a federally illegal reason) you should be compensated for your expenses.
I think you're confusing the OP's situation with one in which they were not under contract (assuming the contract is, indeed, still valid). Apples and oranges.
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