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09-19-2004, 12:51 PM
| | Junior Member | | Join Date: Sep 2004
Posts: 11
| | | Home For Sale - To Be moved at Buyer's Expense
What is the name of your state?What is the name of your state? Texas
When advertising a "home for sale-to be moved at buyer's expense", the "buyer" - we corresponded by email. I prepared a purchase agreement that was agreed to by the husband. Everything was discussed via email including the price of the home and terms and conditions. All emails have their type-written names at the bottom. However, they never returned the purchase agreement.
In order for the home to be moved, preparations were requested by the home-mover hired by the "buyer". The "Buyer" made alterations to the home in preparation of the move. He removed the carport. He also hired people to remove the storage area (to which he has not paid). The home-mover made alterations to the home in preparation of the move as well. The home-mover removed the front porch and jacked the home up and secured the entire house on beams for transportation.
At this point we still had not been paid. I have various emails discussing this and the fact that the home mover had informed my family they would be ready to transport the home in a week. I gave a daily update to the "buyer" as to the events happening on my property. I have "read" receipts that he was aware of this. As stated by the home-mover, he transported the home as he originally had indicated. The "buyer" was aware of the actual move within 20 minutes of them arriving on my property the day of transporting (which was at 8:30am) not to mention prior to that as well. The "buyer" contacted their mover at 5:30pm and asked that they drop the home. The home is currently at a storage area accruing storage fees. The home-mover has not been paid as well. This took place over 6 weeks ago. We still have not been paid for the home.
The "buyer" just notifed me via email that they no longer wish to purchase the home. A realtor informed me due to the alterations and transporation of the home, the "buyer" sealed the deal without signing on the dotted line and returning the purchase agreement. Is this true? I would think so. Would all the email correspondence be binding as well? What business code would this fall under? I am currently in the process of preparing a demand letter for payment.
Any suggestions would be appreciated.
Last edited by kmullen; 09-19-2004 at 01:17 PM.
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09-19-2004, 01:03 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: |
Originally Posted by kmullen What is the name of your state?What is the name of your state? Texas
When advertising a "home for sale-to be moved at buyer's expense", they "buyer" - we corresponded by email. I prepared a purchase agreement that was agreed to by the husband. Everything was discussed via email including the price of the home and terms and conditions. All emails have their type-written names at the bottom. However, they never returned the purchase agreement.
In order for the home to be moved, preparations were requested by the home-mover hired by the "buyer". The "Buyer" made alterations to the home in preparation of the move. He removed the carport. He also hired people to remove the storage area (to which he has not paid). The home-mover made alterations to the home in preparation of the move as well. The home-mover removed the front porch and jacked the home up and secured the entire house on beams for transportation.
At this point we still had not been paid. I have various emails discussing this and the fact that the home mover had informed my family they would be ready to transport the home in a week. I gave a daily update to the "buyer" as to the events happening on my property. I have "read" receipts that he was aware of this. As stated by the home-mover, he transported the home as he originally had indicated. The "buyer" was aware of the actual move within 20 minutes of them arriving on my property the day of transporting (which was at 8:30am) not to mention prior to that as well. The "buyer" contacted their mover at 5:30pm and asked that they drop the home. The home is currently at a storage area accruing storage fees. The home-mover has not been paid as well. This took place over 6 weeks ago. We still have not been paid for the home.
The "buyer" just notifed me via email that they no longer wish to purchase the home. A realtor informed me due to the alterations and transporation of the home, the "buyer" sealed the deal without signing on the dotted line and returning the purchase agreement. Is this true? I would think so. Would all the email correspondence be binding as well? What business code would this fall under? I am currently in the process of preparing a demand letter for payment.
Any suggestions would be appreciated. | **A: where is your Realtor? And are you selling just the home or the land also? |
09-19-2004, 01:14 PM
| | Junior Member | | Join Date: Sep 2004
Posts: 11
| | | The realtor I consulted with is in Texas but I did not hire them for assistance with the sale. I only consulted with them after everything got crazy. The land was not included in the sale.
It is a home on piers not a mobile home. The home appraised for $22,900. I was selling it for $12,500 and the move was to be at the buyer's expense.
Last edited by kmullen; 09-19-2004 at 01:42 PM.
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09-19-2004, 11:04 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: |
Originally Posted by kmullen The realtor I consulted with is in Texas but I did not hire them for assistance with the sale. I only consulted with them after everything got crazy. The land was not included in the sale.
It is a home on piers not a mobile home. The home appraised for $22,900. I was selling it for $12,500 and the move was to be at the buyer's expense. | **A: then you are not selling real property but personal property. |
09-20-2004, 10:45 AM
| | Junior Member | | Join Date: Sep 2004
Posts: 11
| | | Would you think that the emails and alterations to the home (as mentioned in my original message) satisfy the necessary criteria for filing suit for breach of contract for the sale of personal property against this buyer? |
09-20-2004, 10:52 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: |
Originally Posted by kmullen Would you think that the emails and alterations to the home (as mentioned in my original message) satisfy the necessary criteria for filing suit for breach of contract for the sale of personal property against this buyer? | **A: yes but will you prevail in litigation? We can't say for sure.
Last edited by HomeGuru; 09-26-2004 at 11:57 PM.
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09-20-2004, 11:05 AM
| | Junior Member | | Join Date: Sep 2004
Posts: 11
| | | With the alterations made to the home and the transportation taking place, does the home still belong to me?
Last edited by kmullen; 09-21-2004 at 11:50 AM.
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09-21-2004, 12:08 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: |
Originally Posted by kmullen With the alterations made to the home and the transportation taking place, does the home still belong to me? | **A: look at the title document, do you see your name on it? |
09-21-2004, 01:01 PM
| | Senior Member | | Join Date: Jul 2004
Posts: 17,799
| | | The house mover should never have touched the house without evidence of a finalized contract, however both of you were lead to believe the existance of a valad contract, the buyer committed to the agreement by estoppel without returning the signed agreement by their actions which is what your real estate friend was talking about. Collecting on your contract will be a different matter.
Here is a link with informaiton about Texas RE law.
COMMERCIAL REAL ESTATE TRANSACTIONS IN TEXAS: FROM LISTING TO ...
Page 1. COMMERCIAL REAL ESTATE TRANSACTIONS IN TEXAS: FROM LISTING TO CLOSING HANDLING FINANCING ISSUES ...
[url]http://www.winstead.com/articles/articles/Handling_Financing_Issues.pdf[/url] |
09-23-2004, 09:21 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | So what's the answer? Quote: |
Originally Posted by HomeGuru **A: look at the title document, do you see your name on it? | |
09-26-2004, 11:21 PM
| | Junior Member | | Join Date: Sep 2004
Posts: 11
| | | Yes, I do. |
09-26-2004, 11:42 PM
| | Junior Member | | Join Date: Sep 2004
Posts: 11
| | | Just curious: The "buyer's" were financed through a bank to purchase this home. How specific are banks on their paperwork when financing? If the "buyer's" purchase another home with the funds approved for the purchase of my home, wouldn't it be considered misappropriation of funds? |
09-27-2004, 12:24 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: |
Originally Posted by kmullen Just curious: The "buyer's" were financed through a bank to purchase this home. How specific are banks on their paperwork when financing? If the "buyer's" purchase another home with the funds approved for the purchase of my home, wouldn't it be considered misappropriation of funds? | **A: no****************************..... | |
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