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Fighting HOMESTEAD

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concernedppl

Junior Member
Okay so, long story..but here goes:

We(my wife and I) began looking to buy a home for us to live in. We checked a few real estate websites and were able to successfully locate a home we adored.
We found the phone number of the realtor on the website and gave her a call. She didn't answer, so we left a voicemail. Told her we liked the house, we were looking to buy something for ourselves, and wanted to go check out a few places. A few days later she returned our call, and we met, and began our search!
Sooner or later, we found a house that my wife and I really loved. We'll call this, HOUSE A.(The house we want to live in, and the first house we found that we enjoyed.)
Our goal, was to get A, and live there, and be happy!
The realtor told us what we had to do, so before we really went to see the house, we went to my wifes bank and attempted to get pre-approved. She was well over the price of the house and we were happy with this. We notified the Realtor we were pre-approved for a lot more, and everything should go smoothly? Done. So about July, we sign the contract and send the house off. (The contract for the house was written as follows, 'Wifes name, My name.'" We signed this contract first, and made it duly noted that we WANTED TO STAY THERE, AND LIVE THERE, AND ENJOY THIS HOUSE FOR A LONG TIME TO COME. HOUSE A. WE WANTED HOUSE A.
So, after the contract is sent, she explains that sometimes 'short sales' can take a while, and you never know how long until they'll actually close... okay. we're fine with that. Wish we could move in sooner, but you know what, it's a great house and I believe it's worth the wait. SO. WE WAIT. Another month goes by, and My wifes parents ask her to try and find property to buy, to invest in, INVEST IN. So we could have another possible house, but mainly an investment. We were now looking to find another much cheaper house to fix up, and rent out. Possibly allow her parents to live there if they came. So we explained to the realtor, "hey, we want to find another property, a much less expensive house for my wifes parents to live in, maybe 2-3 months out of the year, but mainly an investment. As her parents plainly told us, "get the house for an investment, and we'll stay there sometimes." So we explain, 'WE'D LIKE ANOTHER HOUSE AS AN INVESTMENT, NOT TO PRIMARILY LIVE IN, BUT A LESS EXPENSIVE HOUSE TO FIX UP.' She says Okay. So now, we're hunting a cheaper house, the investment house, to fix up and rent out. HOUSE B.(THE INVESTMENT PROPERTY, TO RENT OUT, AND FIX UP. NOT TO LIVE IN FOR US AT ALL.) We made clear, we wanted house A, to live in, and house B, as investment property for her parents. (Her parents are in Russia, and cannot sign the house in their name currently, so the realtor decides, we'll sign the house in your wifes name and everything will be fine.) So, we find HOUSE B. Offer Cash for it. And the realtor explains things so like, "You need to make a good offer" (We did. We paid exact dollars, not a penny less.) "There will be other buyers, trying to bid and take the house from you, so we need to do WHATEVER IT TAKES TO GET THIS HOUSE." (We bidded exact dollar, and weren't told how long the house was off market, which was for a year. We were not told that.) So, she tells us,"Sign this as your primary address, you can homestead it, and everything will be fine. That's your 100% best chance at getting this house." BEHIND THE DOORS, what she was really doing, was screwing everything up SO HARD. I asked about the other house, and a possible conflict of interest? "Hey..since we've already went for house A, and signed the contract, my wife signing house B as a cash buy, won't ruin our chances at house A, will it?" "No...you just have to put your address as house A, in MY name(My name. the Husband. put my address as house A? Okay. That's easy. Sure. Change my license right?)
This is where things clashed, and hard. We were not told, that the "contract by HUD" We'd VOLUNTARILY SIGNED as PRIMARY, uprooted House A, and Cost us ultimately the entire thing.
She did NOT TELL US, Cash buyers mainly are selected first(Which is fine, that's on me I guess.)
But she signed the contract as "PRIMARY HOME." For my wife.
She could have put "AS AN INVESTMENT" But she DECIDED, it would HURT OUR CHANCES...at a home that's been EMPTY for OVER A YEAR.
So she put PRIMARY HOME. Costing us our WONDERFUL HOUSE A. FOR A DRASTICALLY LESS EXPENSIVE, NOT SO GREAT, CRAPPY HOUSE B. That we paid cash for.
SO NOW.
Since she didn't simply put INVESTMENT, on the contract we've lost HOUSE A. and are stuck with HOUSE B.
My question is, Since she KNEW AND WAS FULLY AWARE WE WANTED HOUSE B AS AN INVESTMENT, AND HOUSE A TO LIVE IN. Why did she put PRIMARY HOME, for B and RUIN house A?
Now, we're locked in a HUD SPECIAL CONTRACT, for PRIMARY HOUSING on HOUSE B. And that costs us HOUSE A.
(We were getting an FHA loan for House A. to make payments on it. And signed the contract for that one first.)
Isn't there some legal action we can take against her? She ultimately cost us the main house we wanted, and didn't explain that we just removed her from the house contract entirely, the application and housing in general, and moved her onto house B.

(Summary!: We came to a realtor to buy a property with a loan. we find a nice house, and sign the contract and wait for the sale to close. While waiting, we advise we'd like to buy an investment property for cash, and once we find a home, she puts the contract as primary, the investment house as PRIMARY LIVING ADDRESS, which costs us the first/main house we wanted. When she could have put the contract as "Investment" she said it hurt our chances...PLEASE. PLEASE TELL ME WE CAN DO SOMETHING. PLEASE.
 


Zigner

Senior Member, Non-Attorney
Okay so, long story..but here goes:

We(my wife and I) began looking to buy a home for us to live in. We checked a few real estate websites and were able to successfully locate a home we adored.
We found the phone number of the realtor on the website and gave her a call. She didn't answer, so we left a voicemail. Told her we liked the house, we were looking to buy something for ourselves, and wanted to go check out a few places. A few days later she returned our call, and we met, and began our search!
Sooner or later, we found a house that my wife and I really loved. We'll call this, HOUSE A.(The house we want to live in, and the first house we found that we enjoyed.)
Our goal, was to get A, and live there, and be happy!
The realtor told us what we had to do, so before we really went to see the house, we went to my wifes bank and attempted to get pre-approved. She was well over the price of the house and we were happy with this. We notified the Realtor we were pre-approved for a lot more, and everything should go smoothly? Done. So about July, we sign the contract and send the house off. (The contract for the house was written as follows, 'Wifes name, My name.'" We signed this contract first, and made it duly noted that we WANTED TO STAY THERE, AND LIVE THERE, AND ENJOY THIS HOUSE FOR A LONG TIME TO COME. HOUSE A. WE WANTED HOUSE A.
So, after the contract is sent, she explains that sometimes 'short sales' can take a while, and you never know how long until they'll actually close... okay. we're fine with that. Wish we could move in sooner, but you know what, it's a great house and I believe it's worth the wait. SO. WE WAIT. Another month goes by, and My wifes parents ask her to try and find property to buy, to invest in, INVEST IN. So we could have another possible house, but mainly an investment. We were now looking to find another much cheaper house to fix up, and rent out. Possibly allow her parents to live there if they came. So we explained to the realtor, "hey, we want to find another property, a much less expensive house for my wifes parents to live in, maybe 2-3 months out of the year, but mainly an investment. As her parents plainly told us, "get the house for an investment, and we'll stay there sometimes." So we explain, 'WE'D LIKE ANOTHER HOUSE AS AN INVESTMENT, NOT TO PRIMARILY LIVE IN, BUT A LESS EXPENSIVE HOUSE TO FIX UP.' She says Okay. So now, we're hunting a cheaper house, the investment house, to fix up and rent out. HOUSE B.(THE INVESTMENT PROPERTY, TO RENT OUT, AND FIX UP. NOT TO LIVE IN FOR US AT ALL.) We made clear, we wanted house A, to live in, and house B, as investment property for her parents. (Her parents are in Russia, and cannot sign the house in their name currently, so the realtor decides, we'll sign the house in your wifes name and everything will be fine.) So, we find HOUSE B. Offer Cash for it. And the realtor explains things so like, "You need to make a good offer" (We did. We paid exact dollars, not a penny less.) "There will be other buyers, trying to bid and take the house from you, so we need to do WHATEVER IT TAKES TO GET THIS HOUSE." (We bidded exact dollar, and weren't told how long the house was off market, which was for a year. We were not told that.) So, she tells us,"Sign this as your primary address, you can homestead it, and everything will be fine. That's your 100% best chance at getting this house." BEHIND THE DOORS, what she was really doing, was screwing everything up SO HARD. I asked about the other house, and a possible conflict of interest? "Hey..since we've already went for house A, and signed the contract, my wife signing house B as a cash buy, won't ruin our chances at house A, will it?" "No...you just have to put your address as house A, in MY name(My name. the Husband. put my address as house A? Okay. That's easy. Sure. Change my license right?)
This is where things clashed, and hard. We were not told, that the "contract by HUD" We'd VOLUNTARILY SIGNED as PRIMARY, uprooted House A, and Cost us ultimately the entire thing.
She did NOT TELL US, Cash buyers mainly are selected first(Which is fine, that's on me I guess.)
But she signed the contract as "PRIMARY HOME." For my wife.
She could have put "AS AN INVESTMENT" But she DECIDED, it would HURT OUR CHANCES...at a home that's been EMPTY for OVER A YEAR.
So she put PRIMARY HOME. Costing us our WONDERFUL HOUSE A. FOR A DRASTICALLY LESS EXPENSIVE, NOT SO GREAT, CRAPPY HOUSE B. That we paid cash for.
SO NOW.
Since she didn't simply put INVESTMENT, on the contract we've lost HOUSE A. and are stuck with HOUSE B.
My question is, Since she KNEW AND WAS FULLY AWARE WE WANTED HOUSE B AS AN INVESTMENT, AND HOUSE A TO LIVE IN. Why did she put PRIMARY HOME, for B and RUIN house A?
Now, we're locked in a HUD SPECIAL CONTRACT, for PRIMARY HOUSING on HOUSE B. And that costs us HOUSE A.
(We were getting an FHA loan for House A. to make payments on it. And signed the contract for that one first.)
Isn't there some legal action we can take against her? She ultimately cost us the main house we wanted, and didn't explain that we just removed her from the house contract entirely, the application and housing in general, and moved her onto house B.

(Summary!: We came to a realtor to buy a property with a loan. we find a nice house, and sign the contract and wait for the sale to close. While waiting, we advise we'd like to buy an investment property for cash, and once we find a home, she puts the contract as primary, the investment house as PRIMARY LIVING ADDRESS, which costs us the first/main house we wanted. When she could have put the contract as "Investment" she said it hurt our chances...PLEASE. PLEASE TELL ME WE CAN DO SOMETHING. PLEASE.
You keep trying to say the realtor did this to you, but you gloss quickly over the fact that your wife signed off on this.
 

tranquility

Senior Member
Not only what Zigner wrote, but also google parol evidence rule for why what you told the real estate agent is not even going to be admitted in court.
 

concernedppl

Junior Member
So this totally isn't an Ethics Issue at all?
And We both were there.
She made it sound simple and sweet, and didn't inform us that "Hey if we really do this, you'll lose house A."
Ethically, I believe what she did is wrong.
Many people have told me I should take it to her broker, but I wondered if an ethics case would even be subject to review.
I just want to switch the primary home address, is there nothing we can do about that?
Nothing to overturn a homestead, even if we signed Contract A First?
 

tranquility

Senior Member
So this totally isn't an Ethics Issue at all?
And We both were there.
She made it sound simple and sweet, and didn't inform us that "Hey if we really do this, you'll lose house A."
Ethically, I believe what she did is wrong.
Many people have told me I should take it to her broker, but I wondered if an ethics case would even be subject to review.
I just want to switch the primary home address, is there nothing we can do about that?
Nothing to overturn a homestead, even if we signed Contract A First?
It may be an ethics issue and you can certainly bring it up, but, that is not going to get you your house or any damages.
 

concernedppl

Junior Member
So If I assume this correctly the P.E.R. states that, if it's written it goes. Screw Oral.
Meaning, if the first contract shows we intended to rule ownership/primary housing on HOUSE A.
But Contract B states, we intended to rule primary housing AFTER, A. (B was signed After A.)
B gets overturned due to A being first.
We can give up the contract on B, and keep A?
Dates will prove A was first, and B was second.
So its in writing, we chose to primarily reside in A.
The REALTOR KNEW IT. So I need to find out if I can take this to an Attorney then.
The realtor didn't tell us signing B after A would uproot A.
I can fight this then.
 

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