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Hey, I am a good woman at heart and I am not young, so this distress is affecting my heart and I am a good person!!
It does not matter because I am talking to my lawyer to sue this b#&%t for damage done because I just found out from my lawyer that she did not put give any of the "Earnest Money" at all yet and it was due days ago!!!
In addition and I might ask my lawyer to sue her for making more drama than necessary for the following example of crazy and outrageous corrections/fixes she wants me to do for the following items, which every home probable has anyway!!!!!
"#4: Buyer is demanding Termite Treatment because of "Termite Tracks" found in the basement in the closet. Termite Tracks are the tunnels that the Termites create to move between locations. See photo in the inspection report and the Inspector's description near the photo".
WHAT??? "Termite Tracks"?? You don't need the Termite Treatment if it is just "tracks"??? Sueing her for lying!!!! What if the Termites are not there any more, which is probably the case???You can't ask for Termite Treatment just for "Termite Tracks"!!
Quote:
Originally Posted by jdm2008
Your contract says "As Is" and once the buyer discovered what "AS IS" was he decided he didn't want your house anymore and according to your contract he can get his earnest money back.
The "retarded inspection contingency" is common in almost every single home purchase contract. Even the most buyer hostile contracts mostly written by banks that are selling foreclosures have this contingency.
If the contingency is in the contract then you owe it back. It's likely that your attorney is holding the money so whether you like or not he will return it(because he must), or if you have it or your attorney isn't too bright you will be sued for it.
Your situation is a common one. Buyers would be crazy to buy without inspecting and they will still try to negotiate based on what they find.
You could agree to doing a few minor things, you could lower the price a little, or you could tell them again "as is" and hope they don't walk. It's up to you - don't get upset- you may well find yourself in this situation again with a new buyer, so stay calm and negotiate to the best of your ability.
Yes, but in addition to their insulting inspection review, I am going to be sueing her (the buyer) for every penny she has for not ever sending us the Earnest Money Deposit, which was due days ago.
Veronica "Barbie" McCann
Quote:
Originally Posted by Hollytree
Your situation is a common one. Buyers would be crazy to buy without inspecting and they will still try to negotiate based on what they find.
You could agree to doing a few minor things, you could lower the price a little, or you could tell them again "as is" and hope they don't walk. It's up to you - don't get upset- you may well find yourself in this situation again with a new buyer, so stay calm and negotiate to the best of your ability.
Good luck, buying & selling are stressful.
Last edited by theprofessionalnyc; 12-24-2011 at 05:52 PM..
Yes, I have a contract that the buyer signed with regards to an Attorney Review and the original contract with the inspection clause and the "As Is" clause too.
Veronica "Barbie" McCann
Quote:
Originally Posted by 2bindenver
Do you even have a contract without the earnest money?
Yes, but in addition to their insulting inspection review, I am going to be sueing her (the buyer) for every penny she has for not ever sending us the Earnest Money Deposit, which was due days ago.
Veronica "Barbie" McCann
The only damages you can collect to penalize the buyer for not paying the earnest money is the actual earnest money and since the contract you have would provide for the return of the earnest money to the buyer, the judge will not rule in your favor, for you to be ordered by the court to immediately return the money.
So in other words, based on the contract clause that the Earnest Money Deposit can be returned to the buyer if the contract goes void because of a "impasse/lack of agreement" between the seller and buyer over negotiations of inspection found defects and fixes, then I would have been required to return the Earnest Money Deposit anyway????
Therefore if I want to sue and take her to court in the future, the judge would end up saying "You can't win damages because in your particular situation, Mrs. McCann, considering how you would have had to return the Earnest Money Deposit anyway in this particular case (because of a lack of agreement of fixes needed for the home which ended up making the contract void)" ...................????
Quote:
Originally Posted by jdm2008
The only damages you can collect to penalize the buyer for not paying the earnest money is the actual earnest money and since the contract you have would provide for the return of the earnest money to the buyer, the judge will not rule in your favor, for you to be ordered by the court to immediately return the money.
YOU may be a good person. You might not be. Whichever you are is irrelevant to the contract.
1. As for the buyer not paying the earnest money, you can sue for the earnest money; but whether your lawyer will take that case is up to him or her. I doubt that an attorney will do that.
2. You have an attorney so why are you now complaining about the contract? Did you not have your attorney review it before you signed? Did your attorney not explain to you that "as is" means you are not prepared to make repairs? Do you not understand that that is all that means? "as is" with inspection contingency means the Buyer has the option to say, "no thanks" and have their earnest money returned. I know because I had a Seller try to refuse to return it to me and I said to go ahead and hold onto it because I will take it to court and ask for penalties and costs. It's amazing how fast it was returned to me. No, we did not buy that house. The inspection showed some incredible stuff hiding behind walls and above false ceilings. "As is" with inspection contingency didn't mean buy it no matter what, it meant only that we would not be asking for repairs. In our case, it meant we said "hell no and give us back our money."
3. Why did you accept a signed contract without concommitant payment of eanest money?
4. Termite tracks absolutely means to ask for termite treatment. Again, you have an "as is" clause so don't agree to do it - they will walk if they are smart.
In fact, don't agree to make any repairs. What harm did it do the buyers to ask? None, you can say "no" to any and all repairs and they can walk. It's your choice. YOU are the one screaming to get your house sold. If there've been no interested buyers in a year, there are some issues:
a. You are asking too much;
b. The house is not appealing to anyone;
c. No one wants to buy your house.
The one who is "retarded" in this case is NOT the Buyers.
And I find your repeated use of the term ignorant, obnoxious, and insulting.
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