iowa. we looked at this cool little house and loved it. my husband made it very clear that he already had to foot the bill in previous years before, and he wanted the sellers to get the septic inspected and if needed they pay for the material and he would install it. the sellers and realtor knew that a new septic was suppose to be in and dome by aug. 2006. when my husband went to sign the papers he stressed again about the septic.(everyone in the whole small town had to install up to date stuff) he doesn't read very well so the realtor read the contract back to him, he signed it and now we got a letter aug. 1, 2007 saying we have have this all done by aug. 30, 2007 or be fined. they got us pretty good on this one. does anyone know if it would do us any good to contact a lawyer or just step back and pay?
2007-08-22 16:04:12 · 5 answers · asked by bvfarrington 1 in Politics & Government ➔ Law & Ethics
he wears glasses but didn't go get them. he had a lot of problems in school and never took the opportunity to help himself in that department. he's almost 55 now and i don't think he wants to get any better.
2007-08-22 16:22:10 · update #1
the realtor had us sign a paper that she was working for both sides and said that it would probably be ok for the banker to read it over for us. god we sound so stupid at this point .
2007-08-22 16:24:51 · update #2
The Statute of Frauds, from the days of the English common law, was written to protect buyer and seller, among other things, the sale of lands. It requires that all the rights and obligations must be in writing. In the contract. I practiced law back in Minnesota, and I did several closings. (Out west they don't) A lawyer would have protected you from this. Sadly, it appears you did not have one, and they ripped you off. Also, in the law, the Realtor works for the seller and not the buyer. Which is why you need your own Realtor when looking to buy. I only charge a few hundred dollars of a closing back then, but I know I was worth. There were times when I would stop the sale until something that needed to be written up, was. Sorry for you misfortune.
2007-08-22 16:19:54 · answer #1 · answered by Songbyrd JPA ✡ 7 · 1⤊ 0⤋
Wow tough times for sure and you are such a good parent that you can't sleep because of this! I'd be angry too. Your verbal offer was actually sort of in writing but, it might be argued either way. I can see that you trusted the agent because he put it in an e-mail. I can so understand the issue of blackmailed feelings. In real estate the feelings get us into trouble too often. This case could be brought to the association but, that doesn't get you the house, so why bother might be the position on that. The one hope I can offer is this-I personally have a 3 day rule. It may turn around in your favor in that time. You offered all cash-that means that the other offer had to be all cash and higher or it wouldn't have been a better offer! Period. If the other buyer changes their mind-inspections can do that for a person. Then you might still have a chance at the house. I would speak to the Listing agent's broker and ask how that offer can be a "better offer" with no earnest money in the escrow account, no signed (executed) offer? You want a confirmation that your offer was submitted and have an e-mail that it was accepted. The Broker will understand the impact of that e-mail very well and the Association will consider it if you send them a letter. It is an issue for the listing agent to not be acting in a fair and honest manner with you and in a clear manner regarding his e-mails. He put it in writing that it was accepted and you relied (key word) on that fact. Now he tells you it wasn't accepted and there still isn't escrow or "executed" paperwork. If it ain't signed, it ain't done so get yours signed! And get the Listing agents' broker involved. He is trying to get the best deal for his seller but, he doesn't have either deal right at this moment! Hopefully tommorrow you will still have time to get to the broker and let him/her run some interference. No answers until Monday though. Banking hours. Even if they open on Sat that department probably won't be there. Blessings and peaceful times to come-the best of wishes for your family! Go back to bed now you need to be fresh!
2016-05-20 05:30:10 · answer #2 · answered by kira 3 · 0⤊ 0⤋
As a realestate agent, I would stress you file a complaint with the government agency in that state that hands out realestate licenses. They will ask you to file some paperwork discribing what occurred. Other than that, I do not know what case there is.
2007-08-22 17:13:26 · answer #3 · answered by amber s 4 · 1⤊ 0⤋
I would at least call the Board of Realtors and file a complaint. This sounds like a person who violated their resposibilities.
2007-08-22 16:21:46 · answer #4 · answered by sensible_man 7 · 1⤊ 0⤋
If he signed the contract he's probably stuck. Why doesn't he read very well?
If its a vision problem he may be able to argue in court that he was tricked.
2007-08-22 16:18:03 · answer #5 · answered by fredrick z 5 · 1⤊ 0⤋