Seller breached contract...but the kicker

[kat1963]

Virginia- is that I was never in contact with them. Their agent acted solely on their behalf. Contract agreed 6-12, closing on 7-5 *time of the essence* Home was vacant so we moved in 7-1 paying 5 days rent to the sellers as per contract, ONLY 5 days rent, agent stated that she would take care of anything extra due to their failure to close. After 3 seperate settlement dates, the contract became void on 7-30 we moved out 8-1. To date of 7-30 agreed to repairs to make the home liveable where never made, sellers had to take a personal loan on their part to close the deal which was never done as of 7-30. House was sold to a different party 2 weeks later. Escrow was never returned to the sellers. Agent refusal due to rent owed, no contract presented past the signed and agreed 5 day one. House was unrentable in current condition. Can we sue the realtor as she acted on the behalf of the sellers (signing contracts ect.) Or do we need to take agent to court to get the sellers address and other information?
Thanks for any and all information!
KAT

 

[HomeGuru]

Hire an attorney since it appears that you had no agent or attorney to represent you and numerous problems were prevalent.

 

[kat1963]

Thank you, I guess that is the route I'm going to have to take, but was still hoping to avoid. I did have an agent, she was great. The other agent never returned repeated calls. We wouldn't have even known that closing was cancelled so many times if our attorney hadn't contacted the managing broker. Sadly, my attorney is no longer living and her all files are tied up with major legal troubles...we have copies of everything she sent out on my behalf.

I did send a certified letter to the agent last week offering to settle for the return of the escrow money before taking her to court for actual and punative damages. I thought that was rather nice of me considering that it was her failure to act/respond that caused the mess.*LOL* It has been 2 years. I haven't heard back, so my guess is they are sending it to their legal department to see if it is legal for me to sue her acting as the seller agent POA. or if I'm off base and have to locate the sellers. I do have the full backing of my agent who also wants me to make a complaint against the board of realtors, which I fully intend on doing no matter what the outcome.

Thank you again for your response. I'm going to wait to see if they respond within the 21 days request by my letter. From there, I'll seek an attorney.

Kindest regards;

KAT

 

[HomeGuru]

I suggest talking with an attorney now.