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Realtor saying I have to buy the house

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grabowski68

Junior Member
I am glad to hear that. I hope that you do not use that realtor in the future, because, in my opinion, he is less than honest...and definitely do not use that inspector again. The inspection report should be factual and list details, not purely opinion.
Yes I agree!
 


quincy

Senior Member
Met with a real estate attorney. He said under no circumstance will I be forced to buy the house. The worst case scenario he said is that if the house would sell in the future for less than what I offered that I could be sued for the difference. He said that is very rare and I really have nothing to worry about, that he would send a letter to the realtor and explain I am not interested in buying the house do to moisture in the basement. When I got home I noticed my realtor had sent me an email and it is a release form, the seller does not want to repair the things I asked for, The realtor let me know how lucky I am because I had no proof those things (including the basement) needed fixed. I sent the form to my lawyer to be sure it was legit, lawyer said yes. So I signed the release form and sent it back. As long as the seller signs, this could be over. And a lot of lessons learned by me
It is good that you met with the attorney, grabowski. I hope for you that it is all over now, too.

It would have been the unusual situation where specific performance was the remedy, by the way, and, despite the detour your thread took on specific performance (to correct some misinformation that was posted that it was not a remedy under the law), I don't think any of us believed that you would be under an obligation to pay the full purchase price of the house. It was always a very remote possibility at best.

The lessons you learned were definitely hard earned ones, but they should help you negotiate any future purchases (carefully-worded contingencies are vital!), so that at least is a positive. Good luck with your next house.
 

justalayman

Senior Member
grabowski;

obviously your attorney is not 100% correct. Specific performance can be a remedy a court can order (as shown by Ohiogal, an Ohio attorney that has actually done just that). It is not the common remedy but it is not impossible.

Another remedy could be to seek the difference between your offer and what it ultimately sells for.


Quite often taking your earnest money is the end of the deal but in your case, you paid no earnest money so that is not available.

but good for you, it appears the seller is willing to release you from the contract.


By chance, do you get off without paying anything? I know if I was the sellers agent I would be looking for you to pay for the inspection and any other costs incurred due to the contract. I might suggest my client seek a modest amount of money due to the fact the home had been taken off the market which may have been the cause of a missed sale.
 

TigerD

Senior Member
By chance, do you get off without paying anything? I know if I was the sellers agent I would be looking for you to pay for the inspection and any other costs incurred due to the contract. I might suggest my client seek a modest amount of money due to the fact the home had been taken off the market which may have been the cause of a missed sale.
And then if I was the OP's attorney we've have a talk with your broker about compensating the OP for the expenses incurred by your lying, breeches of your duty disclose, and self-directed inspection. The sellers might have a claim for a few bucks, but your license would not survive the discussion.

TD
 

justalayman

Senior Member
And then if I was the OP's attorney we've have a talk with your broker about compensating the OP for the expenses incurred by your lying, breeches of your duty disclose, and self-directed inspection. The sellers might have a claim for a few bucks, but your license would not survive the discussion.

TD
breeches?


https://www.google.com/search?q=breeches&oq=breeches&aqs=chrome..69i57&sourceid=chrome&es_sm=93&ie=UTF-8

breech·es
ˈbriCHiz,ˈbrēCHiz/Submit
noun
short trousers fastened just below the knee, now chiefly worn for riding a horse or as part of ceremonial dress.
informal
trousers.
You don't worry about my breeches. as long as they don't disclose...well.....um.... as long as they are zipped up they aren't going to disclose anything I would get in trouble for.
 

TigerD

Senior Member
breeches?


https://www.google.com/search?q=breeches&oq=breeches&aqs=chrome..69i57&sourceid=chrome&es_sm=93&ie=UTF-8



You don't worry about my breeches. as long as they don't disclose...well.....um.... as long as they are zipped up they aren't going to disclose anything I would get in trouble for.
damn correction crap.

Always check the disclosure on your breeches - sound advice for America's youth.

:)
TD
 

grabowski68

Junior Member
grabowski;

obviously your attorney is not 100% correct. Specific performance can be a remedy a court can order (as shown by Ohiogal, an Ohio attorney that has actually done just that). It is not the common remedy but it is not impossible.

Another remedy could be to seek the difference between your offer and what it ultimately sells for.


Quite often taking your earnest money is the end of the deal but in your case, you paid no earnest money so that is not available.

but good for you, it appears the seller is willing to release you from the contract.


By chance, do you get off without paying anything? I know if I was the sellers agent I would be looking for you to pay for the inspection and any other costs incurred due to the contract. I might suggest my client seek a modest amount of money due to the fact the home had been taken off the market which may have been the cause of a missed sale.[/QUOte

I paid for the inspection so I am out $275 but that is all. Oops plus attorney fees for consultation
 

justalayman

Senior Member
hopefully you are ok with that. Without knowing everything involved it is difficult to say if you would have any real chance of recouping the inspection fee. Any sort of battle would easily cost much more.
 

grabowski68

Junior Member
hopefully you are ok with that. Without knowing everything involved it is difficult to say if you would have any real chance of recouping the inspection fee. Any sort of battle would easily cost much more.
I'm just glad it's over. Maybe I'll just stick to renting, this home buying thing seems like a scam. Realtors and inspectors in cahoots. Left a bad taste in my mouth, How do you find an honest realtor? I have no idea
 

quincy

Senior Member
I'm just glad it's over. Maybe I'll just stick to renting, this home buying thing seems like a scam. Realtors and inspectors in cahoots. Left a bad taste in my mouth, How do you find an honest realtor? I have no idea
Most realtors will be honest because they value their licenses. However, all of them are all working on a commission basis so they have a vested interest in selling the properties they show. If the buyer doesn't buy, the realtor doesn't get paid.

Because a home is probably the most expensive purchase a person will make, becoming educated about the house and its condition, the neighborhood and neighbors, the school system and the past and present sales of similar homes (among other things) can all be important before signing a purchase agreement - especially if one is also looking at the home as an investment. In other words, buying a home should not be an easy or quick purchase, and you should never feel pushed to purchase by a pushy realtor. You can and should take the time you need before committing yourself in writing to buying a house.

While renting does have advantages, renting also means you have a landlord and your tenancy ends when your lease does. Plus, if you think you ran across some bad realtors, read some of the landlord/tenant threads about bad landlords. Your realtors sound almost charming in comparison. :)
 
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