What is the name of your state (only U.S. law)? MI
Hello,
My name is Brandon, and I'm from MI. I'm currently a Marine stationed in Hawaii.
I will be finishing my military contract within the next two months. Once I returned from Iraq earlier this year I began looking for real estate in MI for when I moved home. I ended up finding a place. In order to allow for signatures/addendums my Mother was made my Power of Attorney.
Due to there being several offers on the property, I decided to bid over asking price, and set closing 2 1/2 months later in order to allow the owner time to pack-out and enjoy the summer before I returned home. The offer was accepted, so the inspection process began. Unfortunately there were several things wrong with the property. The furnace was over 25 yrs old, the air conditioner did not work, and the water heater was way past its life span.
I began preparing an addendum for my other to sign, but the seller's realtor explained the house was being sold "as is". This was not in the original purchase agreement. My realtor along with the seller's realtor took a cut in commission to make up for what I was requesting. I decided to go forward.
A few weeks later the seller's conducted a septic tank inspection, which led to negative results. The septic would need to be replaced. Again I offered an addendum stating that I would like $7,000 put in escrow for repairs. The seller did not want that, and they offered in an addendum that they would pay for the septic repairs, and that it would be completed prior to closing, which was August 10th. We accepted, but requested to close on Aug. 8th, as the 10th was a Sunday.
Although my mother had power of attorney, I decided I wanted to be home for closing. I'm a first time home buyer at 22 years of age. I bought a ticket to arrive home by Aug 7th spending $1,100. I also requested leave from my command, which was approved. I would be home for 10 full days. Enough time to close on the house, and enough time to begin cleaning/tearing down wallpaper.
On the 6th of August I was at the airport when my mother called me. She stated that the seller cancelled the septic installation (which was suppose to happen on the 6th). They also requested that closing be set to the 12th, and that they will rent back the property until Aug 30th. I felt this was unreasonable because my loan rate expired on the 11th, and I would have to reapply and go through the rest of the process. I boarded the plane, and headed home hoping to close on time. Again, I asked for money in escrow at closing, but they said no, and that they will only close on the 12th. From there, I said no, and they again proposed that they would install the septic after closing, and asked if I would let them keep a POD in the driveway for a month. I told them that it was possible if we still closed on the 8th, and money was put in to escrow for the septic. They said no, stating that they would pay the septic company $2,500 at closing for the repairs. This was not desirable because any unforeseen issues would come directly out of my pocket. I didn't save all of my money from Afghanistan and Iraq to be hung out to dry.
When I arrived closing never happened. Because he breached the contract due to not installing the septic, the earnest money was to come back to me. From there, the seller starting threatening my mother and real-estate agent. This man is not entirely right in the head. He's jobless, in debt, and near foreclosure on his home. After the threats his real estate agent ended up walking away from him.
The seller went to small claims office and filed a suit against my mother for $1,800. $1,000 being for the earnest money, and $800 for God knows what.
The Magistrate happened over a week ago, with still no decision. I feel that this man is only suing so he can get money to pay his bills. He's in his mid 50's without a job.
Can he even file a suit against my mother? She was only a power of attorney, with all the decisions being made by myself. She's the only individual on the suit. Does anyone have any advice?
I plan to counter-sue if this individual wins the case. Please help.
Hello,
My name is Brandon, and I'm from MI. I'm currently a Marine stationed in Hawaii.
I will be finishing my military contract within the next two months. Once I returned from Iraq earlier this year I began looking for real estate in MI for when I moved home. I ended up finding a place. In order to allow for signatures/addendums my Mother was made my Power of Attorney.
Due to there being several offers on the property, I decided to bid over asking price, and set closing 2 1/2 months later in order to allow the owner time to pack-out and enjoy the summer before I returned home. The offer was accepted, so the inspection process began. Unfortunately there were several things wrong with the property. The furnace was over 25 yrs old, the air conditioner did not work, and the water heater was way past its life span.
I began preparing an addendum for my other to sign, but the seller's realtor explained the house was being sold "as is". This was not in the original purchase agreement. My realtor along with the seller's realtor took a cut in commission to make up for what I was requesting. I decided to go forward.
A few weeks later the seller's conducted a septic tank inspection, which led to negative results. The septic would need to be replaced. Again I offered an addendum stating that I would like $7,000 put in escrow for repairs. The seller did not want that, and they offered in an addendum that they would pay for the septic repairs, and that it would be completed prior to closing, which was August 10th. We accepted, but requested to close on Aug. 8th, as the 10th was a Sunday.
Although my mother had power of attorney, I decided I wanted to be home for closing. I'm a first time home buyer at 22 years of age. I bought a ticket to arrive home by Aug 7th spending $1,100. I also requested leave from my command, which was approved. I would be home for 10 full days. Enough time to close on the house, and enough time to begin cleaning/tearing down wallpaper.
On the 6th of August I was at the airport when my mother called me. She stated that the seller cancelled the septic installation (which was suppose to happen on the 6th). They also requested that closing be set to the 12th, and that they will rent back the property until Aug 30th. I felt this was unreasonable because my loan rate expired on the 11th, and I would have to reapply and go through the rest of the process. I boarded the plane, and headed home hoping to close on time. Again, I asked for money in escrow at closing, but they said no, and that they will only close on the 12th. From there, I said no, and they again proposed that they would install the septic after closing, and asked if I would let them keep a POD in the driveway for a month. I told them that it was possible if we still closed on the 8th, and money was put in to escrow for the septic. They said no, stating that they would pay the septic company $2,500 at closing for the repairs. This was not desirable because any unforeseen issues would come directly out of my pocket. I didn't save all of my money from Afghanistan and Iraq to be hung out to dry.
When I arrived closing never happened. Because he breached the contract due to not installing the septic, the earnest money was to come back to me. From there, the seller starting threatening my mother and real-estate agent. This man is not entirely right in the head. He's jobless, in debt, and near foreclosure on his home. After the threats his real estate agent ended up walking away from him.
The seller went to small claims office and filed a suit against my mother for $1,800. $1,000 being for the earnest money, and $800 for God knows what.
The Magistrate happened over a week ago, with still no decision. I feel that this man is only suing so he can get money to pay his bills. He's in his mid 50's without a job.
Can he even file a suit against my mother? She was only a power of attorney, with all the decisions being made by myself. She's the only individual on the suit. Does anyone have any advice?
I plan to counter-sue if this individual wins the case. Please help.
