Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Buying & Selling a Home

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-10-2005, 08:24 AM
Junior Member
 
Join Date: Aug 2005
Posts: 1
Question

Do we have a case?


What is the name of your state?Oregon

Having no experience in purchasing a home, we acted like suckers and we were taken advantage of as suckers usually are. Do we have ANY recourse in getting our money back.

Prior to accepting the Earnest Money, the Agent misrepresented and lied about the facts, I.e.,

1) The agent declared the cost of the house to be $35,000.00 @ 12% interest over fifteen years. When we asked for the total amount, he said “twelve percent interest over fifteen years“. He did not divulge that the interest would be compounded DAILY, and the total amount of the house would cost $74,000.00.

2) The agent told us (the buyers) that the home was owned by a woman (a private party). when in fact. it is owned by the corporation who owns the park on which the home sets.

3) The agent did not tell us that the mortgage would be separate from the lot rent, and that we could never own the lot, and that the total cost, to us, for a $35,000.00 house would be $141,000.00. (Mortgage plus lot rent times 15years)

4) The agent failed to disclose that we would not be able to relocate the house for fifteen (15) years, until the house was completely paid for.

5) When we complained about the interest rate, and not being able to relocate the house on other property we had purchased, the agent told us that after a year or so, any bank would refinance the house. This is not true. We have investigated and found that no second mortgage lender will refinance a home that does not include the property. Though we pay our mortgage promptly, we can never really have any equity in the house.

Help , Any advise?
  #2  
Old 08-10-2005, 08:40 AM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Let's cut to the chase:

What was IN WRITING in the contract and what part of the stuff IN WRITING do you say was misrepresentation and why?

Leave out everything else.
  #3  
Old 08-10-2005, 09:23 AM
Senior Member
 
Join Date: Jan 2005
Location: Subclavian insertion...
Posts: 2,373
Quote:
Originally Posted by resam1230
This is not true. We have investigated and found that no second mortgage lender will refinance a home that does not include the property.

Help , Any advise?
Why are you talking to a second mortgage lender instead of refinancing the property in question?
Second mortgages have stricter finance guidelines.
Talk to your bank about REFINANCING.
__________________
Quote:
I have noticed that even intelligent people ask assinine questions every now and again.
Quote:
Disclaimer: I know a few lawyers. None of them is named panzertanker.
  #4  
Old 08-10-2005, 11:05 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by resam1230
What is the name of your state?Oregon

Having no experience in purchasing a home, we acted like suckers and we were taken advantage of as suckers usually are. Do we have ANY recourse in getting our money back.

Prior to accepting the Earnest Money, the Agent misrepresented and lied about the facts, I.e.,

1) The agent declared the cost of the house to be $35,000.00 @ 12% interest over fifteen years. When we asked for the total amount, he said “twelve percent interest over fifteen years“. He did not divulge that the interest would be compounded DAILY, and the total amount of the house would cost $74,000.00.

2) The agent told us (the buyers) that the home was owned by a woman (a private party). when in fact. it is owned by the corporation who owns the park on which the home sets.

3) The agent did not tell us that the mortgage would be separate from the lot rent, and that we could never own the lot, and that the total cost, to us, for a $35,000.00 house would be $141,000.00. (Mortgage plus lot rent times 15years)

4) The agent failed to disclose that we would not be able to relocate the house for fifteen (15) years, until the house was completely paid for.

5) When we complained about the interest rate, and not being able to relocate the house on other property we had purchased, the agent told us that after a year or so, any bank would refinance the house. This is not true. We have investigated and found that no second mortgage lender will refinance a home that does not include the property. Though we pay our mortgage promptly, we can never really have any equity in the house.

Help , Any advise?
**A: if you bought, sell. If not, walk.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 12:39 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.