Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
This might be lengthy but we are extremely frustrated! We live 4 hours south of where our home is listed for sale. Our real estate brokers agent called us and told us the buyer's house would be sold on Feb. 8th and we would close on that day. So we drove north on Feb. 6th, rented 2 storage units and moved our household in a snowstorm and freezing temps in 2 days. Feb. 8th came and went, no closing. We were told "just a few more days, then, one more week, etc. Late Feb. the agent started texting us asking if the buyers could store their household in our house. We said no. She continued to text day after day pleading they were homeless, their furniture was in a moving van! (We still don't understand why they just didn't rent a storage unit like we did!) We were adamant that NO CANNOT PUT THEIR THINGS IN OUR HOUSE IT IS NOT OUR PROBLEM! Meanwhile the agent calls says the buyer ended the proceedings with his bank stating they were taking too long and started new process with another bank. While every week the agent is telling us just another week, a few more days, just hold on, etc. In March I called our neighbor who informed me that there had been moving vans at our house 3 or 4 times that she had observed. We called our broker. He stated that he only let them store their things in our garage, that he was so sorry, that his agent didn't tell him that we had any objections to this. What could we do??? By April, still closing. Continuously being told it's in the UW's hands, just another week. Meanwhile we are living in a house we are renovating and counting on the sale of our home up north to renovate the house we are in now, paying for 2 storage units when we could still have our stuff in our home there, while the buyer is storing their things for free. By May, my daughter and I went to our home up north to spend mothers day weekend but when we got there we looked in the windows and every room was set up with furniture! There was mail at the front door with the buyers name and using our address! Of course we didn't stay there for fear of strangers coming in since it looked as if they were living there so we found somewhere else to stay. I took pictures through the windows and sent them to my husband. He called the broker irate!! The broker apologized, said he only let them store their stuff in the garage, said closing would be soon, hold on and all that b.s.! Memorial weekend, still no closing, we find out the buyer had transferred our utilities online into his name on Feb. 28th. We had planned on driving up north to move their stuff out of our house and either have them or better yet, the broker pick it up as we were informed they had once again changed banks! The agent called begging us to hang on, another week, she had the president from Geneva financial call my husband stating this will go through by next week, promise. The buyer emailed us a letter stating he was living in a hunting cabin, using an outhouse and picking ticks off his kids 24 hrs a day. We lived there over 30 years never had one tick. Welcome to the woods!Well, it's Thursday now-June 1st. Nothing yet. Oh btw, the wife of buyer called my husband Tuesday evening begging us not to move them out, telling us this is her dream house, what troubles they've suffered,they have sick kids, etc. and please just wait this will go through, that they will pay our storage fees matching the rate for their stuff in our house, electric, etc. So, my husband is waiting and I'm trying to just be silent and let him make the decisions because I can't handle this anymore. We've been living in a shell of a house because we have waited and waited. Thanks for listening to my rant. There is no contract with this broker, it expired at the end of January and nothing else was signed.
Last edited by Chill2016; 06-02-2016 at 07:03 AM..
Reason: misspell
I would not agree to another extension. If they haven't gotten a loan yet, they aren't ever going to close.
I would also tell the broker(s) that they are responsible for evicting them immediately, as they provided unauthorized access. A buyer should never receive a key until closing. Let them know that if the house is not vacated within X days and a release signed, you will seek every measure available to you under the law.
You should report your agent and broker to the state licensing authorities. After you consult with an attorney, you should consider suing them for damages, too.
You need to report this to your state association of Realtors for Ethics violations and also the state licensing board for them to revoke licenses or pay heavy fines for what your broker allowed. They can say all they want that they didn't know, but you know they knew, and so did the buyer's agent so you need to report that agent as well.
If you don't report this, you're allowing them to do it to someone else in the future. They possibly did it to you because someone else didn't report them in the past...
You should report your agent and broker to the state licensing authorities. After you consult with an attorney, you should consider suing them for damages, too.
P.S. Next time, use paragraphs.
Quote:
Originally Posted by FalconheadWest
You need to report this to your state association of Realtors for Ethics violations and also the state licensing board for them to revoke licenses or pay heavy fines for what your broker allowed. They can say all they want that they didn't know, but you know they knew, and so did the buyer's agent so you need to report that agent as well.
If you don't report this, you're allowing them to do it to someone else in the future. They possibly did it to you because someone else didn't report them in the past...
Ditto.
I would have contacted an attorney the first time that a neighbor reported moving vans and you discovered someone else's property in your garage. After all, how did the future buyers even gain access to your garage or home without someone giving them keys?
Thank you all for your input. I agree we should hire an attorney and sue the broker, agent, and buyer for trespassing. During my husband's conversation Tuesday with the buyers wife, he told her that if this is not closed by June 15th, it is over and we will move them out.
On the other hand, we want this sold and if this does not close by June 15th,we end the deal with this realtor/buyer- it is my understanding that if there is a lawsuit concerning the real estate, it cannot be listed again until the lawsuit is ended or satisfied. Is this true?
it is my understanding that if there is a lawsuit concerning the real estate, it cannot be listed again until the lawsuit is ended or satisfied. Is this true?
No, if you do happen to file suit, you can still list the property for sale. However, if someone were to sue you, and file a lis pendens against the house, it would complicate any sale you would be trying to make.
Note: Based upon what you have written, it doesn't sound like they would have any legitimate claim on the house in order to file a suit and record a lis pendens (which is merely a notice that a lawsuit has been filed which may affect title to the property).
My husband is planning to file a suit against the broker after this is over, hopefully before June 15th. There is no legal basis for any of them to counter sue us as there is no contract with the broker. The agent told us Tuesday that she emailed the contract to Geneva financial and we then asked for a copy of it, since we know the only one that exists is the original one that expired in January. We thought maybe they somehow transferred my husband's signature onto a new contract. She stated she sent it to us but there is nothing even resembling an official contract. Wouldn't the bank require an official "current" up dated contract with my husband's signature? Or can they use the one from January that states if there were no closing after 30 days that the contract was terminated? The agent also stated that she would add the additional monies we are asking for (storage fees for our units, storage fees matching our costs for their belongings, and electric costs) to the buyers closing costs. I believe these additional expenses should have to be paid by the broker for allowing them to use our house, address, and utilities. We have not been in the house since they've been using it to see if they have damaged anything on their way in. I suppose if they don't meet the deadline we will know then.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
