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.
We were suppose to close last week on a property in Virginia. We did everything on our end and showed up at the closing with the funds required. The seller(who was his own realtor) did not show up. Long story short, the seller has left the country and said he doesn't intend to continue with the sale. He's also stated that he doesn't intend to return to the US and therefore doesn't care what happens to his property.
I'm not sure I'm convinced about him not returning. He has equity in this house (though very little). Also, it appears that he owns several properties in both Virginia and Maryland.
The seller did agree to reimburse us our costs so far (Appraisal, Inspection, etc). Unfortunately, the only contact we have with the seller at this point is though his brother in the US who's gotten fed up with this entire process.
I really want the house b/c we're getting an amazing deal on it. However, I don't want to spend a year pursuing legal action when the outcome could be uncertain. I also don't want to tie up our funds for that long a period.
Has anyone ever experienced anything like this before/have any suggestions on what to do?
I'd probably file a suit in a small claims court/JP court (whatever you have in Virginia). When he doesn't show, you win, and can get a judgment and lien on the property or anything else you may be able to attach. Then you MIGHT get some of your money back eventually. But I'd move-on in looking for another house right away.
This is probably a thorny legal issue...but if you have a signed contract, don't you just takke that doc to court, the seller doesn't show or defend himself in any way, and the court enforces the contract?
I would guess you have to put the purchase money into escrow, but all that is between the court and the seller.
OTOH, do you really want to live in a house which was owned by a sleaze...bad karma and all???
Probably easiest to swallow your pride, burry your desires, and more along.....might be most satisfying in the long run.
ETex2, What damages could I claim in court? If he's agreeing to reimburse me for the costs I've incurred, I'm not sure what else I could ask for.
middle-aged mom: The seller was suppose to give a POA to his brother and it was the brother who was suppose to show up at the closing. The POA was never signed though which meant that the brother couldn't do anything. Therefore, he didn't show up at the closing. We haven't received earnest monies back yet, but we will...I'm not worried about that.
General Brokerage friends correct me if I am wrong but couldn't the OP sue for specific performance and force the seller to sell the house since they have a ratified contract?
As others have said, consult a real estate attorney. Sounds like you've got a great case.
On a side note to the OP: If the seller has left the country and he doesn't care what happens to his property in the US why wouldn't he just go ahead and sell it to you. There may be more to this story than what you are hearing. Tread carefully.
ETex2, What damages could I claim in court? If he's agreeing to reimburse me for the costs I've incurred, I'm not sure what else I could ask for.
middle-aged mom: The seller was suppose to give a POA to his brother and it was the brother who was suppose to show up at the closing. The POA was never signed though which meant that the brother couldn't do anything. Therefore, he didn't show up at the closing. We haven't received earnest monies back yet, but we will...I'm not worried about that.
Thanks!
Have no idea about damages. You didn't make it clear that he agreed to cover your expenses AFTER he failed to show up at the closing. I thought you meant before, then apparently just bailed on you.
Specific performance can even be that the court can order the contract to be honored - a trustee can be appointed and the trustee can sign the deed transferring ownership. So in the end, the OP could get the house - .... ---- in the end. After winning a lawsuit.
Would the owner have to be served with papers? If the other person didn;t have a POA aren't they sort of immune because they lack the authority to complete the transaction?
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.
