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Replies (10)
- Dan, "the_country_hick"
- Contributions:4699
This is a legal issue. Legally once a contract is signed by 2 parties both parties have to abide by that agreement (even if one does not want to). Talk to your real estate lawyer and ask them about this. They should be able to give you your answers.
- Jim Stevenson, "therealtorguy"
- Contributions:1111
Dan is correct, it sounds like time to get an attorney involved to protect your interest.
I am not an attorney and cannot offer/suggest legal advise. I am surprised your agent didn't suggest closing and having a substantial amount of money held in escrow to cover the "punchlist" items. If you end up paying for the punchlist items, you submit the bills and be reimbursed from the escrow account.
I am not an attorney and cannot offer/suggest legal advise. I am surprised your agent didn't suggest closing and having a substantial amount of money held in escrow to cover the "punchlist" items. If you end up paying for the punchlist items, you submit the bills and be reimbursed from the escrow account.
- ConnieK_Oklahoma
- Contributions:2899
Agree talk to a lawyer. Also review your contract to look for clauses about where Nd how to pursue mediation The local board may have a built in process for dispute resolution. Even if they do it is worthwhile to speak with an attorney
- SoCal_Engr
- Contributions:5666
I had a similar situation. No lawyer needed. Contacted seller's REA (also the broker) and asked him if he was going to convince his seller to perform to the contract. REA/broker told me "not my job". Next phone call was to the local franchise authority to find out who to address the letter to.
Certified letter to the franchise authority with a Cc to the REA/broker and "walla...problem's solved". Of course, the REA's wife threw me out of their office when I showed up to talk to the REA/broker and finalize the mitigation. Can't really blame her, I'd a been po'd too. Problem was, she should've been po'd at her husband's client...and her husband for letting the client put them in that situation.
Certified letter to the franchise authority with a Cc to the REA/broker and "walla...problem's solved". Of course, the REA's wife threw me out of their office when I showed up to talk to the REA/broker and finalize the mitigation. Can't really blame her, I'd a been po'd too. Problem was, she should've been po'd at her husband's client...and her husband for letting the client put them in that situation.
- Michael Emery, "MikeEmery"
- Contributions:7298
Contacted seller's REA and asked him if he was going to convince his seller to perform to the contract. REA/broker told me "not my job"
Well of course it's not his job! That's why they have 'Errors and Omissions' insurance.
Maybe there should be a rider in those policies that voids the policy if the Realtor is 'extra stoopid'.
Well of course it's not his job! That's why they have 'Errors and Omissions' insurance.
Maybe there should be a rider in those policies that voids the policy if the Realtor is 'extra stoopid'.
- Shane Willis, "Shane Willis"
- Contributions:35
I agree with Dan. SOunds like a legal issue. If Sellers Broker and Your Broker cant agree then get lawyer or at least the local realtor board involved.......BBB wouldn't be a bad idea either for the complaint on the builder. Hope that helps some
- Golden Girl 542
- Contributions:17
Run, don't walk.
A Builder/Seller pulling this crap doesn't sound very ethical, how sound to you expect his house to be? You should be able to walk away because those things were not done on final walk-through.
If you sick a lawyer on him to force him to do these improvements, do you expect him to do a quality job?
A Builder/Seller pulling this crap doesn't sound very ethical, how sound to you expect his house to be? You should be able to walk away because those things were not done on final walk-through.
If you sick a lawyer on him to force him to do these improvements, do you expect him to do a quality job?
- Maria Morton, "MariaMorton"
- Contributions:716
Personally, I would not buy a house from the builder you describe. Dan is right, this is a legal issue.
- Margaret Seme, "bikeragent"
- Contributions:23
This is a legal issue--you may want to speak to an attorney about either
1. Closing and holding money in escrow to make repairs with a time limit if the seller/builder doesn't make those repairs you will then make them-this would be an amount to cover your total costs
2. Not close and file a LP against the property until those repairs are made, whis would keep him from selling to someone else.
These are legal--the 1st would also have to be approved by your lender as lenders aren't always allowing for escrows.
The seller is in Breach of Contract adn each state has its own ramifications
As Maria says--why would you want to continue with this builder--if he is refusing to meet the contract requirements how is he going to handle issues that show up within the 1st year or 2 of your ownership?
1. Closing and holding money in escrow to make repairs with a time limit if the seller/builder doesn't make those repairs you will then make them-this would be an amount to cover your total costs
2. Not close and file a LP against the property until those repairs are made, whis would keep him from selling to someone else.
These are legal--the 1st would also have to be approved by your lender as lenders aren't always allowing for escrows.
The seller is in Breach of Contract adn each state has its own ramifications
As Maria says--why would you want to continue with this builder--if he is refusing to meet the contract requirements how is he going to handle issues that show up within the 1st year or 2 of your ownership?
- Seth Captain, "CaptainSeth"
- Contributions:142
Do you know any extras from the Sopranos?
Seller Won't Abide By Signed Addendum
The seller also agreed to grade the lawn as part of our offer, but now claims he wants nothing to do with that, and wishes to cut me a check so I can do it myself. The problem is that it would cost me double the amount he is offering to pay to hire someone to do it myself.
The broker has informed me that the seller may be dragging his feet on closing the transaction because he has another interested party willing to pay him more for the property, and he is intentionally trying to drive me away.
This is my first time purchasing a home, and what should have been a fairly straightforward is turning into an absolute nightmare. My closing has been rescheduled five times because the seller keeps refusing to cooperate. My agent is also being less than helpful in these matters. What steps can I take to ensure the seller will take care of the items or that I will be compensated a fair amount to take care of this myself?
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