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Old 07-17-2008, 01:03 PM
 
Location: Chaos Central
1,123 posts, read 2,649,584 times
Reputation: 832

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Quote:
Originally Posted by Hobokenkitchen View Post
Ach - what a cop out!!
Lol.
I'm sure she THINKS people were 'mean' to her and threatened her. But we actually got to see some of the 'evidence' first hand. I think that is enough to be able to form some kind of opinion.
Plus are you unable to guage anything from her comments about how the buyers did the home inspection on a national holiday and set the closing for the day before her birthday?
To me, this says that the poster feels like they are out to get her. Especially when combined with the so called "threatening" e.mails from the realtor.
We're going to have to agree to disagree that not enough material was there to draw a conclusion. I have no doubt that the posters feelings of being abused are genuine - I just think it's balony and that it is doing her a good turn to point this out so she doesn't end up in the same position again and again.
An honest answer is a "cop-out"? Interesting view.

Show me the evidence where the buyer actually got funding on closing day. Per the facts as stated, the closing attorney confirmed it wasn't going to happen.

Show me the evidence where the seller was actually told to go to closing. Per the facts as stated, never happened.

Show me the evidence where it's OK for an agent to go to someone's home at 9:00 p.m. with a P&S and "not leave until it's signed" per facts as stated.

Sure, it'd be a piece of cake to cast judgment based on partial info, but I'm not going there.
I can see big holes throughout.

Last edited by Boomerang; 07-17-2008 at 01:12 PM..
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Old 07-17-2008, 01:16 PM
 
3,490 posts, read 5,128,119 times
Reputation: 3858
Quote:
Originally Posted by Boomerang View Post
An honest answer is a "cop-out"? Interesting view.

Show me the evidence where the buyer actually got funding on closing day. Per the facts as stated, the closing attorney confirmed it wasn't going to happen.

Show me the evidence where the seller was actually told to go to closing. Per the facts as stated, never happened.

Show me the evidence where it's OK for an agent to go to someone's home at 9:00 p.m. with a P&S and insist they're "not going to leave until it's signed" per facts as stated.

Sure, it'd be a piece of cake to cast judgment based on partial info, but I'm not going there.
Actually unless I read it wrong, the poster has said herself that financing has come through for her house. It just didn't come through by 2pm, so she was able to kill the deal on that 2pm technicality.

If someone came into my house with something and refused to leave until it was signed, I would call the cops. I'm sorry, but I don't buy it. You don't put your house on the market if you don't want to sell it. This didn't all happen in one night. She had listed her house. Received the offer by phone and asked for it to be faxed. The agent brought it around in person instead and the owner signed it. This is not the same as someone being tricked into something by a trickster. She HIRED the agent to sell her home. And the agent did that. She then got sellers remorse. Who's fault is that? The buyers? The agents?

I do think your post was a cop out, as all it did was scold me for my opinion, yet add nothing to the conversation. If you are unable or unwilling to form an opinion, then fine - but don't get up in arms because others are able to do so.

As I said, we are going to have to agree to disagree - I think the poster gave more than enough information for the real situation to start to become clear. Including concrete copies of e.mails which were meant to prove her point, but actually did the exact reverse.

Anyway, I'm not really interested in squabbeling with you about this. I have an opinion and you don't, and that's fine.
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Old 07-17-2008, 01:28 PM
 
Location: Chaos Central
1,123 posts, read 2,649,584 times
Reputation: 832
Quote:
Originally Posted by Hobokenkitchen View Post
As I said, we are going to have to agree to disagree - I think the poster gave more than enough information for the real situation to start to become clear.Anyway, I'm not really interested in squabbeling with you about this. I have an opinion and you don't, and that's fine.
I'm sorry, but what I stated is an opinion and point of view...on the individual posts as presented, not the entire situation, as that seems rather murky to me. And for me, adding to a conversation is not simply bashing someone else, but giving an honest and reasoned response for why you think or believe certain things. Oh well. Agree to disagree is fine with me! Ah, and I was not attempting to scold you in any way. Just trying to be clear, not emotional.

Last edited by Boomerang; 07-17-2008 at 01:37 PM..
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Old 07-17-2008, 02:30 PM
 
Location: NJ
7,120 posts, read 13,666,435 times
Reputation: 3850
Quote:
Originally Posted by FrozenAngel View Post
Quote:
Originally Posted by Hobokenkitchen View Post
Frozenangel; I guess I must be missing something important here, because to me this sounds like a situation of your own making.

You put your house on the market and got an offer that was lower than you would like, but you accepted it. You are blaming your ex friend agent for this why? Did she MAKE you sign it?

Then you decide you don't want to sell after all and hire a lawyer. He basically tells you it's too late.

Your buyers miss a deadline through no fault of theirs (the mortgage market is a nightmare for buyers at the minute), and not only have you yanked the house away from them, which may be your 'right' per the contract, but is morally reprehensible, but you also want to keep their deposit money!

The e.mails you have posted from your agent don't sound threatening to me at all.
The only one being unpleasant in those back and forth e.mails is you. You have pulled the rug out from under the whole deal because of something beyond the buyers control, and now you demand that the agent cease to contact you! I mean come on!

It sounds like you may have left yourself in a poisiton to be sued for specific performance yourself, if you are wrong on the 2pm deadline. If not, then yes; for yourself you got lucky. For your poor buyers who probably had everything packed up to move in and had probably spent significant money already on buying your place (attorney fees/ inspections, etc), THEY are the ones who should be posting here about their terrible buying experience.

If I have missed some vital piece of information which explains this bizarre behavior, then I sincerely apologize, but I went through the whole thread and couldn't believe my eyes at what you are writing, and how others are backing up your actions. That's why I think I may have missed something that explains all this that they have seen and I haven't. Because from what I read it sounds like the person in the wrong is you, not your agent and certainly not your poor buyers.
I respect your right to your opinion and for sure there is more to the story but it is hard to feel sorry for the typical Buyer who is getting a great deal and still does the usual hammering at a home inspection to get the house even CHEAPER! Oh yes, you will say it's the norm but I think most will agree that the home inspection is to make sure the property is sound .... NOT to negotiate getting the price reduced.

Like the agent told me when I wanted to back out ....

"You will have a huge law suit on your hands if you do!"

I followed the contract agreement right up to the last minute, why persecute me for exercising my legal right? They knew they were dealing with a seller with "Sellers Remorse" right from the get go. Why do you think they had a Home Inspection on a national holiday? They wanted to hurry up and solidify the contract with money spent. The contract stated that I had to remove ALL appliances .... NOT my idea but theirs. Also NOT my idea for them to apply for a loan with an institution that was public knowledge that it was in financial trouble just to get a special rate.

It wasn't their problem that I signed the P & S under duress and it's not my problem that they couldn't perform in the amount of time stated in the P & S.

also a side note that THEY chose the closing date .... not me. Which, was 1 day before my 50th Birthday.
Hoboken, we must have been posting at the same time.. I went back and read the OP's posts, trying to figure out what's going on.

Angel, I feel really bad for you. Please, if you have learned anything, I hope it is not to work with a friend.

I will also say that even though you don't feel lucky to have been one of the lucky ones to come close to selling, you are. We ended up with almost $40k less then what we listed for, let me tell you, our competition wasn't so lucky. We didn't feel lucky at the time but do now, 2 months later.

The buyer had no clue about your birthday, trust me, they also have no clue what you are going through. Is it that they don't care? No. I actually had a cancer scare during our closing and had to put off tests due to closing and not being able to do everything; thankfully I was lucky & stalling those tests didnt equal a death sentance because it could have. You would not believe the stuff our buyer put us through. Many times we were going to tell them to stick it but couldn't because we'd already bought and had to be "their dog". They also wanted money back for "repairs" on non safety related items, from what I'm reading a lot of buyers do.

I really hope that you dont regret not going to closing. Hopefully you won't have to pay your agent commission for the "non sale" as they did bring you a buyer. I also doubt you will end up with the deposit, and hope that attorney fees won't be too much because it sounds like you may need one. I would make sure my "I's" are dotted and my "T's" crossed. Seriously.

I'm not saying anyone is right or wrong but from reading what you posted, you had sellers remorse and looked for a way to kill the deal; hopefully it did work to your advantage but if not, this could be more expensive then accepting the low ball offer.

I ask that you do some soul searching as well as some research before making up your mind to not sell. I don't doubt that you don't want the ex friend to have the sale but agents talk and you might end up being known as the difficult seller; agents won't bring clients by. You could very well be digging a hole.

Quote:
Originally Posted by FrozenAngel View Post
No one in this transaction treated me with kindness. Why? Because they didn't think they had to.
Trust me, you are not the only one not being treated with compassion. Our buyers could care less that them going back & forth with, yes, we'll accept money, we'll accept repairs, we want money, blah blah blah... I swear I have an ulcer and was shaking so bad at night that valium didn't stop it. The kicker? We had no intention of fixing or giving them money for any of the non safety related items, our agent kind of screwed up & committed us to it. Do you think he chipped in? NFW.

Quote:
Originally Posted by crazyma View Post
I guess I must have missed something in this story as I first thought it was the buyers literally not performing, but if there was a buyer and it could have closed at some point, then why not close!??
Move forward...even if it was the next day.....gee if the buyer was still wanting the place I don't think I would have burned that bridge no matter how screwed up I thought everthing was. 'specailly in this market.
Daddy always says a bird in the hand is worth two in the bush....and I say sometimes you have to be patient with that bird when he ain't acting the way you want him to.
I would rep you but cant since I've appeared to have rep'd you too much. Good post.


In order to sell, many of us sellers are accepting low offers. We don't like it or feel good about it but if you want to sell in this market, you might have to.
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Old 07-17-2008, 03:16 PM
 
830 posts, read 356,526 times
Reputation: 129
Quote:
Originally Posted by Roselvr View Post
Please, if you have learned anything, I hope it is not to work with a friend.
I am a FOOL! I am a FOOL! I am a FOOL!!! I am the BIGGEST FOOL!!! And I completely 100% admit that!!!!!

My reason to post my "nightmare" here isn't to get sympathy, and believe me, I have been licking my wounds and feeling sorry for myself every minute of the day since I signed that P&S! My reason to post here is hopefully to help other people NOT make the same mistakes I have.
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Old 07-17-2008, 03:30 PM
 
Location: Denver, CO
739 posts, read 2,079,336 times
Reputation: 200
Ok back to topic...
Frozen Angel I am sorry for what you are going through but glad you having hte outcome (keep the house) that you desire.

Update on us.
We are in our 2nd week on market. Decent activty, we dropped price to 10K less we were under contract for originally. We are now 50K less our original list and under all comparables. I am really trying to be positive. It is very hard not feeling settled- all the good furniture, including all tables/chairs are in the old house and very little here aside from bedroom stuff. So not really enjoyin git. Trying to come up with a game plan with our realtor who says to be patient which is hard given at the moment we are out our entire 401Ks and huge tax penalties by September if we haven't closed. DH is meeting with a bank today to see about a bridge loan so we don't have to tap into my 401K. Our 2 mortgages are over both of our take home pay so everything above that comes from savings and credit card debts. I am kicking myself for even listing it when we didn't HAVE to sell- we wanted to reduce our payments and debts and are in a stable market.

I'm not sure what else to do. I go over to that house before every showing and stage it with lighting. It is a beautiful home. I am not being biased. It is 4 years old- people seem to want bigger kitchen and family rooms. We have a living room and a fmily room but I guess people don't care about that. We have a double lot but people don't seem to care about yards anymore, it is all about maxing out square footage. We are now below comps with a highly custom house.

I am rambling. I feel like we need to slash price but realtor wants to give it through weekend to see if we get an offer. Slashing by another 30K doesn't 'really" put us in the next looker bracket, jsut gives us much less room to negotiate. This stuff is really stressing me out, especially when I harp on the fact that it was MY choice to sell.

On a lighter, and totally idiotic note. Our crazy buyers are now going after us for 3K they paid us for our whole home audio system (a bargain believe me). These are hte idiots who walked from 50K. Now they are talking about how they could really use that money. My dh said -we'll talk when we close both homes. How about the 15K we lost from the PRIOR MONTH in our IRA given we had to sell our stock in a crummy market, which we were planning on doing. Their actions got us into this mess.
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Old 07-17-2008, 03:40 PM
 
Location: Where I want to be!
6,196 posts, read 3,304,080 times
Reputation: 2556
Hey on a liter side if someone wants to bring me an offer, my door is open I dont care what time it is!!!! Frozen I hope it all works out in the end for both of you, it's a hard lesson to learn. I posted earlier on keeping the em, but let me add to that. I let the buyer preoccupy and then we never made it to closing. It took me an add'l 3 month to get them out. They lived in my house for free and I about had a stroke when they wanted their em released. I ended up with it but I still had alot of out of pocket money do to the house being trashed. could I had sued YES, was it worth it NO. Count your pennies and put away the emotions, it is time to move on, quietly.
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Old 07-17-2008, 03:43 PM
 
Location: Chaos Central
1,123 posts, read 2,649,584 times
Reputation: 832
Quote:
Originally Posted by dj32 View Post
Our crazy buyers are now going after us for 3K they paid us for our whole home audio system (a bargain believe me). These are hte idiots who walked from 50K. Now they are talking about how they could really use that money. My dh said -we'll talk when we close both homes. How about the 15K we lost from the PRIOR MONTH in our IRA given we had to sell our stock in a crummy market, which we were planning on doing. Their actions got us into this mess.
So sorry to hear how much stress this is causing you. When the real estate market was just starting its crash and before everyone knew how bad it was going to get, we briefly considered taking a bridge loan to buy another house while our place was fresh on the market. We decided against it and boy, was that ever dodging a bullet. Our house remained unsold for a LONG time after that. I think you're wise to consider slashing your price before going that route, unless of course you can make it work financially.

Your buyers giving up 50K to grip about 3K is astonishing.

Personally I never agree to install or perform expensive stuff when selling. It's just too risky.
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Old 07-17-2008, 04:05 PM
 
830 posts, read 356,526 times
Reputation: 129
Quote:
Originally Posted by dj32 View Post
Ok back to topic...
Frozen Angel I am sorry for what you are going through but glad you having hte outcome (keep the house) that you desire.

Update on us.
We are in our 2nd week on market. Decent activty, we dropped price to 10K less we were under contract for originally. We are now 50K less our original list and under all comparables. I am really trying to be positive. It is very hard not feeling settled- all the good furniture, including all tables/chairs are in the old house and very little here aside from bedroom stuff. So not really enjoyin git. Trying to come up with a game plan with our realtor who says to be patient which is hard given at the moment we are out our entire 401Ks and huge tax penalties by September if we haven't closed. DH is meeting with a bank today to see about a bridge loan so we don't have to tap into my 401K. Our 2 mortgages are over both of our take home pay so everything above that comes from savings and credit card debts. I am kicking myself for even listing it when we didn't HAVE to sell- we wanted to reduce our payments and debts and are in a stable market.

I'm not sure what else to do. I go over to that house before every showing and stage it with lighting. It is a beautiful home. I am not being biased. It is 4 years old- people seem to want bigger kitchen and family rooms. We have a living room and a fmily room but I guess people don't care about that. We have a double lot but people don't seem to care about yards anymore, it is all about maxing out square footage. We are now below comps with a highly custom house.

I am rambling. I feel like we need to slash price but realtor wants to give it through weekend to see if we get an offer. Slashing by another 30K doesn't 'really" put us in the next looker bracket, jsut gives us much less room to negotiate. This stuff is really stressing me out, especially when I harp on the fact that it was MY choice to sell.

On a lighter, and totally idiotic note. Our crazy buyers are now going after us for 3K they paid us for our whole home audio system (a bargain believe me). These are hte idiots who walked from 50K. Now they are talking about how they could really use that money. My dh said -we'll talk when we close both homes. How about the 15K we lost from the PRIOR MONTH in our IRA given we had to sell our stock in a crummy market, which we were planning on doing. Their actions got us into this mess.
God heavens, you are going through something very similar to me. I can feel your emotions/pain. I don't know how things are where your house is but here rents are very high. With all the foreclosures, people that could no longer afford their $2,600 mortgages and easily afford $1,800 which is almost $1,000 over my mortgage payments. The agents DO NOT want you to rent out the house and wait for the market to turn. My agent tried to scare me with "renters nightmares" but I was already loosing almost 50K from the previous offer so ...... really how many tenant actually cause $50K worth of damage?!

If renting is an option for you, look at it. Maybe you could give a discounted rent if the tenants will allow you to continue to show the house (that's what I did originally). Obviously you will need to give them 30-60 days to move, but that shouldn't be too much of a problem. Again, the realtors don't want to do that because it is more work for them giving notice to the tenants and hoping they will clean up the house.

Funny thing is, I got more/better offers the first time around when I wasn't putting total effort into it and I had TENANTS!!! Go figure? It seemed because I showed a lack of desperation to sell, the buyers didn't low ball. CRAZY, huh?

Please be careful dropping the price of your home without using that money as an incentive. Especially if you know your house is priced very close to where it should be.
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Old 07-17-2008, 04:34 PM
 
Location: Denver, CO
739 posts, read 2,079,336 times
Reputation: 200
We can't rent it- we need the money to repay all the IRAs so we don't incur huge penalties... believe me, thought of it. Although I also don't want to be a landlord.
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