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You’re doing a lot of accusing here, john, But it could be you’re just not paying attention.
The OP isn’t the one who wanted the mediation.
The seller did, to try to force either some kind of specific performance or other monetary damages for their losses in addition to the earnest money. That would never happen in our contracts but apparently it could happen in his. I don’t know… None of us know the whole story. Not even the OP. It’s a thread a forum... Not an episode of Perry Mason.
True, but the OP only mentioned the deposit. If the seller was looking for more the OP never said what that was. Are we supposed to believe he wasn't aware of what the other side wanted?
The buyer said he was told by his agent who was reporting information from the sellers agent. No hearsay. The buyer knew from the agent link.
There is no evidence that either agent was less than forthcoming.
You continue to try and find an issue where there may well be none.
You appear to be unfamiliar with the term. Here is the dictionary definition (emphasis added):
hear·say
/ˈhirˌsā/
noun
noun: hearsay information received from other people that one cannot adequately substantiate; rumor.
"according to hearsay, Bob had managed to break his arm"
synonyms:
rumor, gossip, tittle-tattle, tattle, idle chatter, idle talk, mere talk, report; More
stories, tales, tidbits;
"a story based only on hearsay"
antonyms:
confirmed facts
Law
the report of another person's words by a witness, which is usually disallowed as evidence in a court of law.
"everything they had told him would have been ruled out as hearsay"
There is a reason that hearsay is not permissible in court and that is because it is unreliable.
Lol i am dumbfound as well. I forfeited my deposit. The seller want me to pay for all the thing they fixed in the inspection report plus the potential loss from removing the house off market. I disagreed. The tug war is on. My agent and my agent's leader kept trying to persuade me to pay them ( he said i pay 1k, the agent team pay 2k, everyone happy...), i stood my ground. Then mediation is set up. Then suddenly they signed the release form. Then suddenly everything is end. Now i guess they found another buyer? If so, good for them.
The email states that my lawyer can't ask or say anything to the seller.
I have all pictures and texts on the day it happened. Like I said, I told them they can keep my earnest. It is them want more from me and I refused to pay anything more than my deposit.
Still there's something off throughout the OP story. The other side appears to have been very angry even after he agreed to forfeit his deposit.
Yet, if the events unfolded as the OP claims why not seek legal advise, attend the mediation, fight for a return of the deposit and refuse to pay for anything. But he didn't do this. He complained a lot yet agreed to give up the deposit.
Not that it matters now but who was doing this mediation?
No. You keep changing your story. You said the landscape wasn't done. Now, you say it was done but done poorly. You now say there were other issues outside the house the seller failed to address but never said what they were.
You say you didn't demand an inspection but insist your agent come by that day. You then threaten to kill the deal during the final walk through if he didn't.
Sorry, but this sounds like you were looking for a way out of the deal.
And I suspect you've left out details which would better explain why you didn't get your deposit back.
i don't want to explain anymore. The whole thing is ended. I got my peace back. My wife is happy again. She hate leaks more than i do so happy wife, happy life. You can re-read my post but seem you don't read at all. But like i said i would careless if anybody trust me. I know, God know, both agents know what happened. My version is what i saw in front of my eyes. If the other side have a different version. They had the chance to explain but they did not. All i know is i got inform about the leak 15 mins before i walk in. Then the leak was found yesterday noon. It was almost done fixing just neex to paint over. I saw crappy job done as happened to other things the seller promised to fix. I don't know what else could go wrong with the house. But anyway, i canceled the contract reasoning the house is not the same condition when i signed agree to buy as my attorney consulted me to do.
The email states that my lawyer can't ask or say anything to the seller.
I have all pictures and texts on the day it happened. Like I said, I told them they can keep my earnest. It is them want more from me and I refused to pay anything more than my deposit.
Still there's something off throughout the OP story. The other side appears to have been very angry even after he agreed to forfeit his deposit.
Yet, if the events unfolded as the OP claims why not seek legal advise, attend the mediation, fight for a return of the deposit and refuse to pay for anything. But he didn't do this. He complained a lot yet agreed to give up the deposit.
Not that it matters now but who was doing this mediation?
I could done that, like i said my attorney gave me 4 possible resolution. 2 of them is to fight for the deposit but it may end up cost me more. So i chose to forfeit. Seriously, you should read all the pages. I am tired to explain to you.
I could done that, like i said my attorney gave me 4 possible resolution. 2 of them is to fight for the deposit but it may end up cost me more. So i chose to forfeit. Seriously, you should read all the pages. I am tired to explain to you.
What post did you discuss the four possible resolutions?
i don't want to explain anymore. The whole thing is ended. I got my peace back. My wife is happy again. She hate leaks more than i do so happy wife, happy life. You can re-read my post but seem you don't read at all. But like i said i would careless if anybody trust me. I know, God know, both agents know what happened. My version is what i saw in front of my eyes. If the other side have a different version. They had the chance to explain but they did not. All i know is i got inform about the leak 15 mins before i walk in. Then the leak was found yesterday noon. It was almost done fixing just neex to paint over. I saw crappy job done as happened to other things the seller promised to fix. I don't know what else could go wrong with the house. But anyway, i canceled the contract reasoning the house is not the same condition when i signed agree to buy as my attorney consulted me to do.
I've been trying to follow your story. I understand how stressful it can be buying a home and dealing with RE agents who may or may not be looking out for your best interest.
You said you went by to see the landscape. It wasn't cleaned properly. So you demand to see the inside of the house and if not threaten to kill the deal during the final walk-through. I ask why you didn't insist a landscaper come over right away and you said there were other issues outside the house not completed either. I ask such as but you didn't say.
You say one reason for mediation is the seller wanted to be reimbursed for repairs they made to the house. I assume this is why you demanded to get inside that day. You wanted to be sure the repairs were made. Were they? What post did you discuss those repairs?
My guess is you're not a native speaker of English but your story simply changes too much to be believable.
I suspect you had second thoughts after signing the contract and looking for a way out. This whole business about the leak is likely embellished.
You appear to be unfamiliar with the term. Here is the dictionary definition (emphasis added):
hear·say
/ˈhirˌsā/
noun
noun: hearsay information received from other people that one cannot adequately substantiate; rumor.
"according to hearsay, Bob had managed to break his arm"
synonyms:
rumor, gossip, tittle-tattle, tattle, idle chatter, idle talk, mere talk, report; More
stories, tales, tidbits;
"a story based only on hearsay"
antonyms:
confirmed facts
Law
the report of another person's words by a witness, which is usually disallowed as evidence in a court of law.
"everything they had told him would have been ruled out as hearsay"
There is a reason that hearsay is not permissible in court and that is because it is unreliable.
Sorry but that is not only wrong it is dumb.
Seller to seller's agent to buyer's agent to buyer is the standard and normal communication channel.
To formalize something you do it in writing.
But it is not hearsay.
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i don't want to explain anymore. The whole thing is ended. I got my peace back. My wife is happy again. She hate leaks more than i do so happy wife, happy life. You can re-read my post but seem you don't read at all. But like i said i would careless if anybody trust me. I know, God know, both agents know what happened. My version is what i saw in front of my eyes. If the other side have a different version. They had the chance to explain but they did not. All i know is i got inform about the leak 15 mins before i walk in. Then the leak was found yesterday noon. It was almost done fixing just neex to paint over. I saw crappy job done as happened to other things the seller promised to fix. I don't know what else could go wrong with the house. But anyway, i canceled the contract reasoning the house is not the same condition when i signed agree to buy as my attorney consulted me to do.
