Profile picture for user6828205

Who is Responsible for Outstanding Claim

We recently went through purchasing a short sale home.  In the initial contract, we requested money from an outstanding claim on the roof.  The contract was accepted by both parties.  Issue after issue, we were pressed by our agent to remove the line from the contract about this claim and said we could handle this claim post close.  We removed the line and finally closed on the house.  Now, we are being told that the claim will not be paid and we can get a lawyer ourselves to sue the bank.  In my opinion, my agent's company should be responsible for providing us this money. They represented us and told us to remove the line from our contract.  What advice can you give me??
  • September 17 2013 - Saint Louis
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Answers (3)

Profile picture for Outer Banks N C
Your agent can lead you to water but they can't make you drink. Bottom line is you agreed and you signed. It would have been prudent to speak with a lawyer when you were thinking of suing anyone before or after a sale, Realtors can help you get the house you want and they can show you ways to do it, but when law suits come up they can't help there.
  • September 17 2013
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Profile picture for plevy0003
As they say, the devil is in the details. What was the reason for removing the line in the contract pertaining to the claim? It may have been a condition of your lender. So that choice would have been yours to get the loan with that condition removed or find another home with no such claims.
  • September 17 2013
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Profile picture for Ofe Polack
I am confused, any lien on a property needs to be cleared prior to closing so that you can obtain clean title.
  • September 17 2013
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