U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate
 [Register]
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.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 11-11-2014, 02:49 PM
 
4 posts, read 6,519 times
Reputation: 10

Advertisements

Long story short, wife and I decided to buy a specific home and asked for repairs to be done prior to closing. Seller agreed. Repairs were not complete by due diligence so we extended the timeline. Found out a day before the new due diligence was up that the seller had NOT hired a professional to do the repairs, as per the agreement. Were told by our agent that since he was in breach of contract, we could back out of the deal. We went over the next day, saw the shoddy repairs, and decided to back out.

Listing agent hears about this and panics. Backpedals and says that yes, a professional DID in fact do the work, but she won't produce an invoice. The next day she gets a "professional" over there to do the work and shows us an invoice. The "professional" she hired works for a company that doesn't appear to exist, and is related to her somehow--they live at the same address! The invoice is also post-dated for the day of closing.

Now we're being told we have to take this property or we risk being sued and/or losing our earnest money.

The seller did not make the necessary repairs until AFTER we said we were walking.

Has anyone run into this situation before, and judging by the circumstances presented, what would one expect the outcome of this to be?

Edit: location is Georgia.
Rate this post positively Reply With Quote Quick reply to this message

 
Old 11-11-2014, 03:08 PM
 
Location: Denver CO
23,963 posts, read 15,652,433 times
Reputation: 37556
What does your lawyer say? And if you don't have a lawyer, get one. Even if you are in a location where real estate transactions are usually handled between the parties and their real estate agents, this is no longer a straight forward transaction. You need a legal opinion about your rights and responsibilities under your contract.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 11-11-2014, 03:11 PM
 
4 posts, read 6,519 times
Reputation: 10
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.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 11-11-2014, 03:28 PM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,958 posts, read 20,748,056 times
Reputation: 6430
A quick glance at the Georgia Contractors Law tells me that any work done in excess of $2500 requires a contractor's license. I'm just going to guess that you have an "invoice" for a larger amount. Their website also has a contractor lookup link. Residential and General Contractors - Georgia Board of Residential & General Contractors

You might want to threaten the listing agent/contractor with a complaint to the State and whatever real estate commission exists.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 11-11-2014, 03:40 PM
 
4 posts, read 6,519 times
Reputation: 10
There is no dollar amount listed on the invoice (another red flag!). Our agreement does not stipulate that the contractor has to be licensed, only "qualified." If the contractor is indeed not a real contractor, as we suspect, I doubt he would fear a complaint to the state.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 11-11-2014, 03:43 PM
 
Location: Brentwood, Tennessee
49,986 posts, read 51,842,216 times
Reputation: 98359
Quote:
Originally Posted by jacobaf20 View Post
If the contractor is indeed not a real contractor, as we suspect, I doubt he would fear a complaint to the state.
I think their agent would.

What kind of repairs are we talking about?
Rate this post positively Reply With Quote Quick reply to this message
 
Old 11-11-2014, 03:43 PM
 
2,724 posts, read 4,988,221 times
Reputation: 2288
Why isn't your Realtor handling this?
Rate this post positively Reply With Quote Quick reply to this message
 
Old 11-11-2014, 03:58 PM
 
Location: Denver CO
23,963 posts, read 15,652,433 times
Reputation: 37556
Of course you *could* be sued, but that doesn't mean the suit will have a lot of merit. Personally, if I were a judge or jury member, going based on your version, I'd see that invoice as bogus and decide accordingly. But things like that are never a guarantee.

What is your agent recommending? I think you are going to need your own attorney no matter what, so I'd get started on that ASAP.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 11-11-2014, 04:12 PM
 
Location: Central Texas
20,816 posts, read 41,050,539 times
Reputation: 24409
Get an attorney, but this should also be taken to the listing agent's broker, unless she is the broker. Because if she ends up in a lawsuit, THEY will end up in a lawsuit and may very well be the ones paying the legal fees, and anything she does reflects back on them.

If she is the broker, get an attorney, and file a complaint with the state real estate licensing body, as well.

And, what does your agent recommend, and why?
Rate this post positively Reply With Quote Quick reply to this message
 
Old 11-11-2014, 04:12 PM
 
4 posts, read 6,519 times
Reputation: 10
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.

Our realtor is "handling" this in the sense that she seems to be trying to get information from people, but is not returning my phone calls. I don't believe she's recommended anything specific, but she has lead us to believe that the listing agent is being honest and we may need to just accept the house.

As for type of repairs, I doubt it matters but: replace damaged vinyl siding, do some repair work to the roof, and recaulk the shower enclosure. It seems small things but for the price we wanted it to be move-in ready, not to have to redo his poor repair work.
Rate this post positively Reply With Quote Quick reply to this message
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.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate
Similar Threads

All times are GMT -6.

© 2005-2021, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top