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#1
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do we have any recourse?What is the name of your state? california PROBLEM: WE HAD THE OPPROTUNITUY TO BUY THE HOUSE WE HAD BEEN RENTING FOR THE PAST TEN YEARS AT A VERY LOW PRICE. THE PRICE WAS EXCLUSIVE TO US BECAUSE OF OUR LONG STANDING RELATIONSHIP WITH OUR LANDLORD. THERE WAS A PROBLEM WITH FINANCING BECAUSE OF THE STRUCTURAL REPORT. THE PROPERTY IS RECORDED AS ONE PARCEL, BUT IT HAS TWO HOUSES. WE LIVE IN THE SMALLER OF THE TWO. AN AQUAINTANCE OF OURS AGREED TO HELP US. THE DEAL WAS OUR LANDLORD WOULD SELL TO HIM FOR THE PRICE HE OFFERED TO US (WHICH WAS APPROX. $40,000 LESS THAN THE MARKET VALUE) AND IN EXCHANGE HE WOULD KEEP US INVOLVED AND MAKE IT POSSIBLE FOR US TO BUY HIM OUT IN THE NOT TO DISTANT FUTURE. THAT MEANT ADDRESSING THE PROBLEMS IN THE STRUCTURAL REPORT SO THAT WE COULD GET A LOAN. IN THE MEAN TIME HE WOULD USE THE OTHER HOUSE AS A RENTAL AND RETAIN ALL OF THAT INCOME, AND WE WOULD CONTINUE LIVING IN OUR HOUSE. THERE WAS NO AGREEMENT THAT WE WOULD PAY RENT. HE WANTED US TO PUT $10,000 TOWARD THE PURCHASE, IN LIEU OF THAT WE ARRANGED FOR THAT AMOUNT TO BE SUBTRACTED FROM THE PRICE. WE ALSO PAID $1000 INTO ESCROW AS EARNEST MONEY. HE TOOK OUT A LOAN FOR THE PURCHASE. AFTER THE SALE HE WROTE OUT HIS TERMS: THAT WE WOULD PAY HALF OF THE LOAN FOR THE PURCHASE OF OUR HOUSE. WE COULD PAY THE INTEREST IN MONTHLY PAYMENTS AND ANY THING ABOVE THE INTEREST WOULD GO TOWARD THE PRINCIPAL. HE KEPT REFERRING TO THE HOUSES AS IF THEY WERE SEPARATE PROPERTIES. HE NEVER PUT A TIME LIMIT AND KEPT IGNORING THAT IT WAS JUST ONE PARCEL TO BE SOLD AS ONE PROPERTY. SO WE AGREED. WE PAID HIM A YEARS INTEREST IN ONE LUMP SUM AND SENT HIM A PURCHASE AGREEMENT TO SIGN AND RETURN. HE NEVER RETURNED IT, NOR DID HE SEND A RECEIPT. HE DID KEEP THE CHECK WRITTEN FOR INTEREST THO. NOW HE WANTS TO CALL THAT RENT AND HE WANTS US TO START PAYING RENT AT MORE THAN WE WERE PAYING BEFORE, OR TO BUY THE ENTIRE PROPERTY AT WHAT THE MARKET VALUE IS NOW. HE HAD AGREED TO BUT THEN NEVER DID ANYTHING TO EITHER HOUSE THAT WOULD BRING THEM UP TO THE STANDARD NEEDED FOR US TO OBTAIN A LOAN OURSELVES. WE REFUSED TO PAY RENT OR ANYTHING THAT DIDN'T GO TOWARD THE PURCHASE OF OUR HOUSE. WE TOLD HIM THAT'S NOT WHAT OUR ARRANGEMENT WAS AND THAT TECHNICALLY WE HAVE OVER $10,000 INVESTED ALREADY PLUS THE EQUITY EARNED. WE PURPOSED AN OPTION TO PURCHASE FOR THE ENTIRE PROPERTY THAT, WHEN EXERCISED, WOULD HAVE BEEN VERY PROFITTABLE, PLUS WOULD'VE COMPLETLY RELEASED HIM FROM ANY WORK OR WORRY CONNECTED TO BOTH HOUSES INCLUDING ALL THE REPAIRS ETC FROM THE STRUCTURAL REPORT, HE NEVER EVEN RESPONDED. WE DIDN'T HAVE ANYTHING IN WRITING UP UNTIL THE LETTER HE SENT DETAILING THE TERMS OF OUR PURCHASING OUR HOUSE. WE RECORDED THAT PLUS A NOTARIZED STATEMENT OF WHAT OUR ORIGINAL ARRANGEMENT WAS SUPPOSED TO BE . OUR EX- LANDLORD GAVE US A NOTARIZED STATEMENT THAT HE SOLD THE HOUSE FOR MUCH LESS THAN HE COULD HAVE, AND THAT HE BROUGHT THE PRICE DOWN $10,000 MORE IN LIEU OF US PUTTING UP THAT AMOUNT, ON THE MAN'S PROMISE TO HELP US. HE ALSO STATED THAT EVERYONE INVOLVED UNDERSTOOD AND WAS IN AGREEMENT WITH THE TERMS FOR THE SALE. THIS MAN HAS THREATENED US BY SAYING HE GAVE THE PROPERTY TO HIS SONS AND GOD HELP US DEALING WITH THEM AND HE THEN TOLD US HE INCORPORATED SO NOW HE'S NOT LIABLE FOR ANYTHING. HE TOLD THE TENANTS IN THE OTHER HOUSE THAT HE WAS RAISING THEIR RENT AND IT WAS OUR FAULT BECAUSE WE'RE NOT PAYING RENT, CAUSING PROBLEMS BETWEEN OUR FAMILIES. HE TALKS ABOUT THIS WITH OTHER PEOPLE. WE HEAR GOSSIP ABOUT HOW WE'RE RIPPING HIM OFF AND HE'S TAKING US TO COURT OR THAT THEY'RE GOING TO TEAR OUR HOUSE DOWN. WE'VE LIVED HERE OVER TEN YEARS AND HAVE MADE ALOT OF IMPROVEMENTS. IT'S BEEN ABOUT TWO YEARS THAT THIS HAS ALL HAPPENED. WE'VE DONE ALL KINDS OF WORK ON BOTH HOUSES THAT WE WERE NEVER PAID FOR. WE BOUGHT MATERIALS WE WERE NEVER REIMBURSED FOR. HIS NEPHEW HAS BEEN LIVING ON THE PREMISES OR JUST HANGING AROUND ALMOST CONTINUALLY FOR THE PAST TWO YEARS . SLEEPING IN HIS TRUCK AND GOING IN AND OUT OF BOTH YARDS ANY TIME HE WANTS, I'VE EVEN CAUGHT HIM MORE THAN ONCE IN MY HOUSE AND NEXT DOOR. THAT ACTIVITY CAUSED OUR DOG TO BE MUCH MORE DILIGENT AND PROTECTIVE. THE NEPHEW WOULD EVEN HAVE HIS FRIENDS COMING AROUND ALL THE TIME , SOMETIMES WITH THEIR DOGS. BEFORE ALL THIS THERE EVERYTHING WAS PEACEFUL AND OUR DOG WAS VERY CALM. THEN THIS ALL STARTED AND LIKE I SAID HE STARTED GETTING EXCITED. IF HE SAW OR HEARD SOMETHING OUTSIDE HE WANTED TO GET OUT THERE. SO ONE OF THOSE TIMES HE JUMPED THRU THE SCREEN DOOR. HE LANDED ON THE CEMENT STEP WRONG AND SNAPPED THE POINTED BONE OF THE ELBOW RIGHT OFF! OUR FIRST ESTIMATE WAS $4500 TO REPAIR THE LEG OR AMPUTATION. SO HE HAD TO SUFFER FOR THE THREE DAYS IT TOOK ME TO FIND A VET THAT WOULD REPAIR IT FOR LESS. IT COST US ALMOST $2000. HE HAS TO BE WATCHED CAREFULLY NOW. HE CAN'T RUN AND JUMP AND PLAY THE WAY HE USED TO. THE REPAIR IS FRAGILE, IF HE BREAKS IT AGAIN IT CAN'T BE FIXED. MY POINT IS THIS SITUATION HAS COST US MONEY AND STRESS AND WE'RE NO CLOSER TO BUYING THE PROPERTY THAN WE WERE WHEN WE GOT THIS GUY INVOLVED. AS PER OUR DEAL, HAD HE HONORED IT, WE SHOULD OWN OUR HOUSE BY NOW. HE MADE A DEAL WITH US FOR THIS HOUSE AND TALKED TO THE NIEGHBORS ABOUT THEM BUYING THAT ONE. HE'S ALWAYS TREATED THESE AS SEPARTE PARCEL'S . HE KEEPS ASKING US WHAT DO WE WANT TO DO ABOUT THE HOUSE AND WE TELL HIM WE WANT TO BUY IT, SPLIT THE PROPERTY SO WE CAN. NOW THAT HE AND HIS SONS HAVE REALIZED HOW MUCH THIS PROPERTY IS WORTH, SOMETHING WE ALWAYS KNEW , THEY JUST WANT US OUT SO THEY CAN SELL THE ENTIRE THING FOR ABOUT FOUR TIMES AS MUCH AS THEY PAID. BEFORE WE CONTACTED HIM ABOUT THIS PLACE HE DIDN'T EVEN KNOW IT EXISTED LET ALONE TAT IT MIGHT BE FOR SALE. MY QUESTION IS: IS HE WITHIN HIS RIGHTS? IF WE TOOK HIM TO COURT WHAT WOULD WE FILE? FRAUD? BREACH OF CONTRACT? SPECIFIC PERFORMANCE? PLUS DO WE HAVE ANY RECOURSE FOR WHAT WE'VE GONE THRU? THERE'S HARASSMENT AND LOSS OF PRIVACY , UNDUE INFLUENCE , LOSS OF QUIET ENJOYMENT, UNPAID FOR WORK PERFORMED AND MATERIALS FOR IMPROVEMENTS. WHAT ARE OUR OPTIONS? HOW SHOULD WE PROCEED? IF WE TOOK HIM TO COURT COULD WE INCLUDE COURT COSTS? Last edited by 2lynjo; 08-14-2005 at 03:58 PM. |
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#2
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| What is your question for us? |
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#3
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| Quote:
**A: we don't want to know. |
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