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I made all cash offer for 1/1 (total ruined) condo 295k in mid-town San Jose, CA.
Seller accepted offer. Then we go and signed all those papers.
- contract, disclose, buyer contingency etc... I signed everything and also I signed in title company....I already paid to title company 8850$ and already wrote a check to all rest $286150
Closing date suppose to be 29 January and move in date on same date.
I canceled my rent (2850$ per month) + transferred money from international account and get prepared for this 29 January.
Then suddenly (January 25) seller wanted to change 'her mind' and then she asked for more money. We had a meeting in co-dwell banker agency and we agreed to sign addendum and to pay her more money (we wrote down buyer accept to pay seller closing cost). We also changed closing date to 11 February.
After all of that she asked for MORE money now again (January 28). I told my agent that I will hire a 300$ per hour lawyer will and go in court for this case. We will have to move in hotel very soon.
Can you guys give me some advice or do some comment on my case?
I made all cash offer for 1/1 (total ruined) condo 295k in mid-town San Jose, CA.
And you want to call the seller crazy? That's rich.
Quote:
Seller accepted offer. Then we go and signed all those papers....
Then suddenly (January 25) seller wanted to change 'her mind' and then she asked for more money.
...and we agreed to sign addendum and to pay her more money
After all of that she asked for MORE money now again (January 28).
I told my agent that I will hire a 300$ per hour lawyer and go in court for this case.
Do that. Find a very good one.
For future reference: The time to hire a lawyer is BEFORE you sign papers.
Buyers need a lawyer far more than they need an agent.
Ok. So should I wait 11 February and then to find lawyer (after final date) or search for lawyer now? What kind of lawyer? I am new in US . I already talked with one guy but how to know who is good lawyer for real estate.
A real estate lawyer. Ask your agent for references. Ask the lawyer how many real estate deals they have worked on.
Read your contract carefully. If the seller is in default, you might be able to sue for specific performance to require her to sell according to your contract. Don't let her continue to raise the price.
Read your contract. Most contracts do not have a way out for a seller. If the seller doesn't show up to closing, they're in default. They can't keep asking for more and more money, and you just say no. She's signed a contract to sell. Remind her of that.
I preface this with stating I'm not giving legal advice, just an opinion, but as for MrRational's comment about getting an attorney for every real estate deal, that's not true. Many states are not attorney states, as the contracts are already written by attorneys for REALTORS to use for their clients. CA is basically a non-attorney state as well, though you are always welcome to have an attorney no matter what state you're in. If you feel the need to have an attorney, contact one now. Otherwise, call your title company, schedule your time for closing, and tell them to call the seller to schedule their time. It's their job to help bring both sides to the closing table by scheduling the time to sign.
Again, read your contract, the section about Default.
I don't know if I have to sign some contract about representing me with RE Lawyer just yet because she didn't say anything official like that she will not sign on February 11. (just over realtors)
This buyer's agent should not have let him sign anything until he understood completely what he was signing. (AND to cover the agent's own backside!)
This is a can of worms the way the OP tries to explain it. He is from another country, and could be judged not competent to have signed that agreement.
Why the delay in getting an attorney, most good agents would have driven him there!
My only question is why you agreed to pay more money the first time? Doesn't your contract have a specific performance clause to cover such events as the seller trying to force you to up your already agreed upon price?
My only question is why you agreed to pay more money the first time?
The same as with every nearly other problematic situation: poor representation.
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. We had a meeting in co-dwell banker agency and we agreed to sign addendum and to pay her more money (we wrote down buyer accept to pay seller closing cost). We also changed closing date to 11 February.
. I already talked with one guy but how to know who is good lawyer for real estate.
