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We do not have a lawyer. This has come up the day before closing so we have not had time to consult one. Our realtor has spoken to their lawyer, who informed us of the possibility that we could be sued.
Of course you could be sued. You could be sued for bumping into someone in line at Starbucks. The question is, will it hold up? It doesn't sound like this one will.
To me there seems to be more here than is presented.
you're calling off a deal over repairs that seem to be minor. They were done shoddily, I get that, but it seems like the deal is 100% salvageable.
what was the big change that is causing you to pull out here? I can see threatening to do so to get the repairs fixed correctly or a credit given... but IMHO, you're being foolhardy getting involved in the drama.
1) you requested repairs done by a qualified contractor, they agreed
2) repairs were not made to your satisfaction
3) resolution, either credit or fix
those are the steps.
you have the noise-level crap of who did the repairs, whether they were licensed or not and all that, whether an invoice was faked..... but it comes down to you are not happy with the repairs. Send emails to the brokers you can use the he said she said as ammo, but the main point should be, you're not happy with the repairs made.
We do not have a lawyer. This has come up the day before closing so we have not had time to consult one. Our realtor has spoken to their lawyer, who informed us of the possibility that we could be sued.
You need your own attorney that works for you, not the Realtor.
This is what you do. Called up The Chicago Title Company or a big outfit like them if this one doesn't have offices in GA and ask for a recommendation for a good Real Estate Attorney. This is important, you don't want just any attorney, you want a Real Estate attorney who is licensed to practice law in the state of GA.
Have the attorney review your situation. Sometimes a strongly worded letter from your attorney to the other party is all that is needed to get you out of this. The fact you have an attorney of your own, that's a real sign of strength. Attorneys don't have to be expensive, simply ask what it would cost to review your case and take care of this matter to get you out of the sale and your money back.
Let this be a lesson to all though. Always have an attorney involved with the transaction of buying and selling real estate and have your attorney attend the closing too. I have sold and bought homes, and the attorney costs for this were only a few hundreds dollars and it was worth every penny of it.
Status:
"I didn't do it, nobody saw me"
(set 2 days ago)
Location: Ocala, FL
6,487 posts, read 10,363,068 times
Reputation: 7940
Quote:
Originally Posted by jacobaf20
New tidbit of information: the person who handled the repairs is not a licensed contractor, but is in fact the listing agent's husband. The business on the letterhead really does not seem to exist at all.
Sounds like a conflict of interest and highly unethical in my opinion. I would probably report it to the local Realtor Association.
I don't agree that it's a simple, get some money in return either as credit or to pay for proper repairs. Fraud is involved here and that leaves them to wondering what else was improperly repaired, hidden, and/or covered over. They aren't comfortable with going ahead with the purchase - and I don't blame them.
It isn't a simple matter as you suggest.
Resolution: credit, fix, or make whole - return of all moneys expended and release from sale.
Never use email to the brokerage office. Always use certified mail with return receipt as it would stand up even if a court of law if you want to prove someone got something.
Email is not for anything you want to make happen. The post office is the only way to go when pursuing something like this. Email is not acceptable for legal actions, and is not accepted in court as such.
You might want to threaten the listing agent/contractor with a complaint to the State and whatever real estate commission exists.
Not to mention aiding and abetting unlicensed activity. That's a real issue if you get caught doing that here. AND you can probably add conflict of interest if the "contractor" she hired is a relative.
vinyl siding, some torn shingles, and shower caulking?
A handyman could fix that stuff. We're not talking about compromised structure or anything serious.
I'd say swallow your pride and take the easy way out...
unless the real reason is buyer's remorse.
Agree with this....
Ask for a credit at closing for the repairs to be re-done by qualified folks....
Ask for a 1 year home warranty on all component systems and roof. Problem solved.
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