UGH, that name says it all. I was kind of stunned by all of this until I saw who you were dealing with. I have firsthand knowledge of unpleasant dealings with that organization in the past 5 years or so, and there are some agents in their organization that just plain suck at what they do. Try to get the attorney to work on a contingency basis and sue the pants off that broker for employing a moron agent who doesn't seem to know sh!t about his/her state's contract laws, nor her responsibilities as a REA. They're trying to play games with you. I say you NAIL 'EM all to the wall!! Good luck, post back when you finally get some resolution.
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Buyers cold feet
- Thread starter longsally111
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longsally111
Member
Letter from attorney
I recieved the copy of the letter sent to the agent. Here it is:
I am writing this letter on behalf of my clients ( our names). I was informed that at the time, the sellers ( our names) and the buyers ( their names were in) reached a final agreement on the terms of the contract for sale on the house at the above referenced address, you provided her agent with a copy of this contract, which your client had signed, as well as a copy of the check for the agreed to ernest money of 1,000.00. However, the actual check was never deposited as mandated by the contract. On October 25th, you announced to (our names)'s agent that your clients were "withdrawing their offer" on the house. Although the terms of the contract had been agreed to by both sides, and your clients had signed it, you took the position that they were still somehow able to withdraw their offer because you had not yet received a copy of the final contract that had been initialed by ( our names). In fact, this is a default on your clients part. I have discussed this matter with ( my name) and as a result, she hereby makes the demands stated below.
As a result of your actions, ( our names) demand that they be provided with the 1,000 in ernest money that they are entitled to as a result of your clients default on the contract. This shall be considered their formal and final demand. If these demands are not met within 10 days of the date of this correspondence, then ( my name) has indicated that she will take further action to protect her rights, which would include but not be limited to reporting this matter to the South carolina Real Estate Commission. Please send any response directly to ( my name) at the above referenced address. Thank you for your prompt attention to this matter.
My husband said that he thinks she will ignore the letter. I think she will too and that she will pay only after she is served with court papers. Ill let you all know if I hear from her
I recieved the copy of the letter sent to the agent. Here it is:
I am writing this letter on behalf of my clients ( our names). I was informed that at the time, the sellers ( our names) and the buyers ( their names were in) reached a final agreement on the terms of the contract for sale on the house at the above referenced address, you provided her agent with a copy of this contract, which your client had signed, as well as a copy of the check for the agreed to ernest money of 1,000.00. However, the actual check was never deposited as mandated by the contract. On October 25th, you announced to (our names)'s agent that your clients were "withdrawing their offer" on the house. Although the terms of the contract had been agreed to by both sides, and your clients had signed it, you took the position that they were still somehow able to withdraw their offer because you had not yet received a copy of the final contract that had been initialed by ( our names). In fact, this is a default on your clients part. I have discussed this matter with ( my name) and as a result, she hereby makes the demands stated below.
As a result of your actions, ( our names) demand that they be provided with the 1,000 in ernest money that they are entitled to as a result of your clients default on the contract. This shall be considered their formal and final demand. If these demands are not met within 10 days of the date of this correspondence, then ( my name) has indicated that she will take further action to protect her rights, which would include but not be limited to reporting this matter to the South carolina Real Estate Commission. Please send any response directly to ( my name) at the above referenced address. Thank you for your prompt attention to this matter.
My husband said that he thinks she will ignore the letter. I think she will too and that she will pay only after she is served with court papers. Ill let you all know if I hear from her
longsally111
Member
Update
Hi all:
I wanted to give an update. The required amount of time has passed and as the attorney predicted, the woman did not respond to the letter. He did say that it would probably take her being sued in court to get her to pay. I am filing tomorrow morning in small claims. They stated it would take about 2 weeks to serve her and then she has the right to respond to the suit and then, we will be in court in under 3 months.
Ok, now the agent for us, who did not even put up a fight for the money, now has asked me for a copy of the letter and asked me not to file on Monday, stating her broker wants to call their broker one more time. I said, go ahead but nothing will change. Why should I hold off filing suit? What difference will it make? If they pay, Ill drop it.
My husband thinks it is a "reputation" thing and that by us filing suit, our agent's company feel they will be injured in some way. I really dont care. I only know that my agent keeps telling me that she is sure this woman's returning the money was an "honest" mistake. My reply was " fine, then she can correct it". She also told me that legally I was in the right but it is between me and god what I do and to only take actions that I can live with. ( ok, she must be religious)
I do not know where this will end up. I am finding this all very interesting though!!!!!
Hi all:
I wanted to give an update. The required amount of time has passed and as the attorney predicted, the woman did not respond to the letter. He did say that it would probably take her being sued in court to get her to pay. I am filing tomorrow morning in small claims. They stated it would take about 2 weeks to serve her and then she has the right to respond to the suit and then, we will be in court in under 3 months.
Ok, now the agent for us, who did not even put up a fight for the money, now has asked me for a copy of the letter and asked me not to file on Monday, stating her broker wants to call their broker one more time. I said, go ahead but nothing will change. Why should I hold off filing suit? What difference will it make? If they pay, Ill drop it.
My husband thinks it is a "reputation" thing and that by us filing suit, our agent's company feel they will be injured in some way. I really dont care. I only know that my agent keeps telling me that she is sure this woman's returning the money was an "honest" mistake. My reply was " fine, then she can correct it". She also told me that legally I was in the right but it is between me and god what I do and to only take actions that I can live with. ( ok, she must be religious)
I do not know where this will end up. I am finding this all very interesting though!!!!!
longsally111
Member
want opinions
Ok, I went today and filed suit. I was informed that the broker was out having surgery and would not be in the office for 2 weeks. Then, she and the realtor will be served. They have 30 days to respond, then we get a court date...blah blah blah, This will go on for a while.
I spoke with the broker in charge and told him I had filed suit. He was very ****y and told me to do what he thought was right and they would see me in court. I warned him of the reprecussions, that I will end up at the Realty commission and attempt to have licenses pulled, etc.. He really did not seem to care.
He thinks he is right, that the contract was void because the copy my husband put his final ONE initial on was not returned to the buyers agent. I think I was right as the final agreed upon contract became binding once these people signed, initialed and sent it over with the ernest money check.
Opinions, who is right?
Ok, I went today and filed suit. I was informed that the broker was out having surgery and would not be in the office for 2 weeks. Then, she and the realtor will be served. They have 30 days to respond, then we get a court date...blah blah blah, This will go on for a while.
I spoke with the broker in charge and told him I had filed suit. He was very ****y and told me to do what he thought was right and they would see me in court. I warned him of the reprecussions, that I will end up at the Realty commission and attempt to have licenses pulled, etc.. He really did not seem to care.
He thinks he is right, that the contract was void because the copy my husband put his final ONE initial on was not returned to the buyers agent. I think I was right as the final agreed upon contract became binding once these people signed, initialed and sent it over with the ernest money check.
Opinions, who is right?
When you were told that the broker would be out of the office for two weeks and could not be served, you were told WRONG! Someone in the office CAN be legally served. They left someone in charge when the broker went to the hospital. That person CAN be served! (In your State, can ANY adult be served?) This two weeks before service is just a stalling ploy. Serve them NOW! Accept no excuses!
Another suibject - What contract is legal is what contract they signed AND delivered to you (or your agent). AND what you can prove in court - like a signed contract!
Keep us up dated. Dopn't just drop this line.
Another suibject - What contract is legal is what contract they signed AND delivered to you (or your agent). AND what you can prove in court - like a signed contract!
Keep us up dated. Dopn't just drop this line.
longsally111
Member
Hey there:When you were told that the broker would be out of the office for two weeks and could not be served, you were told WRONG! Someone in the office CAN be legally served. They left someone in charge when the broker went to the hospital. That person CAN be served! (In your State, can ANY adult be served?) This two weeks before service is just a stalling ploy. Serve them NOW! Accept no excuses!
Another suibject - What contract is legal is what contract they signed AND delivered to you (or your agent). AND what you can prove in court - like a signed contract!
Keep us up dated. Dopn't just drop this line.
The two weeks to serve was due to the fact that the constible ( spelling) that does the service does it in order and so even though it is a business that is open literally right around the corner, it must wait and takes an average of 2 weeks. The woman in the judges office did tell me that they would have to be personally served, maybe she was wrong.
I agree that the final contract they signed, initialed and faxed over was a binding contract. They state no since after we recieved it, husband initialed in 2 places but it was not faxed back to them. Once they are served, they will turn it over to their attorneys who hopefully will tell them we are right and they should pay us. ( I hope). The judges office stated that they will notify me when they are served and then notify me of their answer.
My next question is: I sued them for the 1000.00 plus 90.00 in court costs. Can i sue them for anything else like lost interest if the money was in the bank, lost wages, anything? I still say PRUDENTIAL SUCKS
longsally111
Member
Serving the suit
It was been over 2 weeks since I filed suit and noone has been served. How long does this usually take?
It was been over 2 weeks since I filed suit and noone has been served. How long does this usually take?
longsally111
Member
They were served
They have been served. They have until December 28th to respond or we get a default judgement. I think ( hope) they will pay and make me sign something saying that I will not go to the Real estate Commission to have their licenses sanctioned, suspended or revoked.
I will write again when this is over.
They have been served. They have until December 28th to respond or we get a default judgement. I think ( hope) they will pay and make me sign something saying that I will not go to the Real estate Commission to have their licenses sanctioned, suspended or revoked.
I will write again when this is over.
longsally111
Member
Ok, I need responses to this please. They responded to the lawsuit stating that:
#1: We are not their client so therefore they had no fudiciary responsibility
#2: The buyers did not accept sellers terms of counter offer received 10/24/06 at 1337pm. Buyer's new offer faxed to sellers agent on 703pm on 10/24/06. Buyers withdrawl received, notified sellers agent approximately 0830am on 10/25/06 before receiving written acceptance at 327pm.
Any thoughts?.
#1: We are not their client so therefore they had no fudiciary responsibility
#2: The buyers did not accept sellers terms of counter offer received 10/24/06 at 1337pm. Buyer's new offer faxed to sellers agent on 703pm on 10/24/06. Buyers withdrawl received, notified sellers agent approximately 0830am on 10/25/06 before receiving written acceptance at 327pm.
Any thoughts?.
IndianaOwner
Member
If the buyer withdrew their offer (counter offer or whatever) before being notified that you accepted their offer, then there is no contract. YOUR agent may not have forwarded the accepted offer (i.e. then a contract) to the buyer's agent in time...
I doubt your complaint will do anything significant to the buyer's agent...other than be annoying... I predict that this whole matter will be a complete waste of your time, even if you get a little bit of money, since you should have put your effort into finding a new buyer. You do know you had a duty to mitigate the damages by putting your housel back on the market, etc******************************************...
I doubt your complaint will do anything significant to the buyer's agent...other than be annoying... I predict that this whole matter will be a complete waste of your time, even if you get a little bit of money, since you should have put your effort into finding a new buyer. You do know you had a duty to mitigate the damages by putting your housel back on the market, etc******************************************...
IndianaOwner
Member
Answers:Ok, I need responses to this please. They responded to the lawsuit stating that:
#1: We are not their client so therefore they had no fudiciary responsibility
#2: The buyers did not accept sellers terms of counter offer received 10/24/06 at 1337pm. Buyer's new offer faxed to sellers agent on 703pm on 10/24/06. Buyers withdrawl received, notified sellers agent approximately 0830am on 10/25/06 before receiving written acceptance at 327pm.
Any thoughts?.
#1: Correct, the buyer's agent only has a fiduciary duty to the buyer, not the seller.
#2: If buyer withdrew their offer before your acceptance, then no contract.
longsally111
Member
Not sure what to believe
see, that is where the attorney differs. He stated that they were bound to the contract that they signed and initialed and fax'd over especially since there was a verbal agreement. He says the only way they could be let out of it is if we released them from it or refused the contract, which we didn't.Answers:
#1: Correct, the buyer's agent only has a fiduciary duty to the buyer, not the seller.
#2: If buyer withdrew their offer before your acceptance, then no contract.
IndianaOwner
Member
If the buyer rejected your offer and sent a counteroffer instead, then that is a NEW offer and can be withdrawn unless you accept their offer before then. You can lead a horse to water, but you can't make them drink...same goes for buyers. Go ahead and waste your money on attorney's fees.see, that is where the attorney differs. He stated that they were bound to the contract that they signed and initialed and fax'd over especially since there was a verbal agreement. He says the only way they could be let out of it is if we released them from it or refused the contract, which we didn't.
longsally111
Member
They are wrong
The changes to the contract which required initials only were for curtains in the house, nothing about the price of it. I still think they were in the wrong.
First of all, I am not wasting money on an attorney. I have pre paid legal. 2nd of all, from the time they signed and faxed the offer over until they sent the e-mail, which was over 35 hours, my agent repeatedly asked for the ernest money check to be deposited, she not only did not deposit it but gave it back to her clients. That is where the problem comes in. She LEGALLY was supposed to do so and then if the people wanted to back out, they had to go through mediation. This option was removed from us as she did not put the money in.If the buyer rejected your offer and sent a counteroffer instead, then that is a NEW offer and can be withdrawn unless you accept their offer before then. You can lead a horse to water, but you can't make them drink...same goes for buyers. Go ahead and waste your money on attorney's fees.
The changes to the contract which required initials only were for curtains in the house, nothing about the price of it. I still think they were in the wrong.
lcannister
Senior Member
I have pre paid legal
That answers a few things. I have never seen such misinformation as this thread contains until Indiana responded.
IF they (buyers) changed anything on the contract that required your husband's initials/signature and that was not sent back to the buyers PRIOR to them withdrawing their offer you have NO CONTRACT period!
This is a no brainer.
The changes to the contract which required initials only were for curtains in the house, nothing about the price of it.
Though insignificant to you it was none the less a contingency that needed to be signed off on. You didn't before the withdrawal so the agent gave the earnest money check back to his client. NO CONTRACT no need to hold a earnest money check.
That answers a few things. I have never seen such misinformation as this thread contains until Indiana responded.
IF they (buyers) changed anything on the contract that required your husband's initials/signature and that was not sent back to the buyers PRIOR to them withdrawing their offer you have NO CONTRACT period!
This is a no brainer.
The changes to the contract which required initials only were for curtains in the house, nothing about the price of it.
Though insignificant to you it was none the less a contingency that needed to be signed off on. You didn't before the withdrawal so the agent gave the earnest money check back to his client. NO CONTRACT no need to hold a earnest money check.
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