Help: House closing issue....need a internet lawyer! LOL

MACKIN

Smell My Finger...
Aug 14, 2006
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Connecticut
That agent isn't the sharpest knife in the drawer.. Sue for what? You don't have to answer just saying. Your girlfriend can't be sued for anything. If the seller and agent want to change the terms on the contract a addendum she has the right to walk .
 

Rhall

Old Skooler
Aug 12, 2006
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Texas Y'all
Real estate agents=Used car salesmen. They are all created equal in my book, and i give respect to neither. Im sure theres good ones of both out there, but all the ones that try to screw people ruin it for the rest.

Home inspectors, thats another bs job, that just helps someone get their hands in the money. Im sure theirs good ones out there, that do their job, but when nothing can come back on them, that is crap. What kind of a job is that?
 

Josh2002cc

That Uncle
Apr 2, 2007
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That agent isn't the sharpest knife in the drawer.. Sue for what? You don't have to answer just saying. Your girlfriend can't be sued for anything. If the seller and agent want to change the terms on the contract a addendum she has the right to walk .

They threatened her by saying if she walks then she is breaking the contract not the seller. She was told the seller keeping the $1300 is not breaking the deal.

Another really funny thing that was said, the agent told Jess if she(the agent) took the difference from their comissions "it only helps the seller" my response to that was "I don't care who it helps, it's not coming from my pocket." This women is such a slime ball that she even thought far enough ahead to try and head that solution off. Then again, she also blamed the bank for the 10th time.

You all have given such great advice and Jess and I are very thankful to have such good "internet" friends! :hug: She was suprised to see this many people trying to help her and now she can see first hand how close the community really is no matter how far apart people are. The best thing by far, was getting a lawyer involved. At this point her dad is willing to absorb the costs for his lawyer and it seems this lawyer is willing to take care of business without any delay. From my understanding they have been working together for 15 plus years so I am sure that plays into the equation. A big weight was lifted off Jess's shoulders when he got involved because she feels somewhat secure in her decision making.

I will keep you all updated! Thanks again.
 

Texas Chevy

Active member
Feb 14, 2011
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Vista, Ca
Y'all have more patience then I do. When we were looking for a house they started this stuff with us and we just walked away on the deal even with all the you can't do that threats.
 

MACKIN

Smell My Finger...
Aug 14, 2006
3,948
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Connecticut
I hope everything works out :thumb:
On certain transactions a lawyer is needed,this is one of them. It will be money well spent. Happy New Year to you and your GF.
 

Mike L.

Got Sheep?
Staff member
Vendor/Sponsor
Aug 12, 2006
15,681
232
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Fullerton CA
I find that hiring a ruthless lawyer to take care of business for you is always money well spent.

Usually a lawyer will cause unreasonable people to become reasonable.

:roflmao:

Good Luck

:cool:

Ruthless lawyers have put a lot of money in my bank account Tony.:D I only use them on proctologists. Funny how they don't like the same probing they try and instigate on us.:roflmao:
 

Josh2002cc

That Uncle
Apr 2, 2007
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Going on day 3 with no response. I hope for their sake they are not waiting for the closing day to just see if this will blow over. The only thing that will be heard in their office is crickets. :coolspot:
 

GMC_2002_Dmax

The Still Master
Going on day 3 with no response. I hope for their sake they are not waiting for the closing day to just see if this will blow over. The only thing that will be heard in their office is crickets. :coolspot:

I would suggest your lawyer send over an ultimatum, either the seller's pay the $1300 or your walking.........time to play chicken and see if they blink, because if you don't get out of the deal by the closing date you will lose the money you put down.

Sellers can walk with your money if you fail to close and don't have an extension granted or a request to refund your deposit into them by the date of closing.

:(
 

Maricopaagent

Glamis Anyone?
Oct 10, 2011
257
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Arizona
Every state is different..

And what does it say in writing?

You say 5300 by the buyer(your girlfriend), so why should it be less?
 

Josh2002cc

That Uncle
Apr 2, 2007
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Every state is different..

And what does it say in writing?

You say 5300 by the buyer(your girlfriend), so why should it be less?

Alot has happened during this thread, if you go back you can read about all that has transpired. :)

Tony, the lawyer is doing his thing tomorrow when normal business resumes. From everything he has told Jessica's dad, this won't take long once he makes the call.
 

Maricopaagent

Glamis Anyone?
Oct 10, 2011
257
0
0
Arizona
Yea, I kept reading..

Its pretty easy once you find someone who knows Something.. That can be a hard thing to do... Most agents arent very bright, nor have read a purchase contract.. :D
 

Josh2002cc

That Uncle
Apr 2, 2007
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As stated, the lawyer told her what to do. We are taking his advice and Jess and I have a meeting with the agent today at 10am. The latest update is the agent tried to explain to Jessica how the closing costs would be paid for. She included Jessicas earnest money in the equation which was $500. She also took $450 Jess gave the bank to order the appraisal since the bank said they would do that for free to help move the deal along. So, basically the agent is now getting desperate and has moved to an all outright lie and decieve method. Today is not going to be a good day for her, I am ready to call her bluff(as the lawyer suggested) and threated to end the deal. Basically, what she did was play a funny numbers game on Jessica. She took the earnest money and appraisal money away and moved it into the closing costs then added that money back into Jess's down payment which is where the money was to go originally. The lawyer told us that the easiest and quickest way to get out of the deal is through financing. If they are not willing to pay the closing costs one way or another then he instructed her to go and get a FHA loan which will take about a month. He said once you do this, the seller will have to make another mortgage payment, her apartment payment, and wait another month to finish the deal. That money added up is small compared to the money we are talking about now, $1300. The lawyer also said in a pinch, walk away because she is in the right and they are not upholding their end of the contract. So one way or another, this is going to be handled today or Jess will not be at the closing table tomorrow morning.
 

Josh2002cc

That Uncle
Apr 2, 2007
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Went to the meeting this morning with Jessica and the agent. I went there in place of her father since he had garage doors to install and couldn't get away.

We walk into a conference room and the agent has papers outling the final numbers. At first glance they are confusing becuase it shows "debits" and "credits", very easy to hide things. None the less, I let the agent run the numbers down with Jess. The agent does exactly what I predicted. She tried to explain to Jess how her $500 earnest money was a "credit" to the closing costs. Sure looks good on paper but when the agent got down to the final dollar fiqure to close it was magically $500 high. I explained to the agent that the $500 in earnest money was never meant to pay down closing costs, it was a downpayment. She tried the "credit" line on me. I firmly told her that in no way will Jess's earnest money go to the sellers closing costs. She took it out of the "closing costs" and now Jess has her $500 for her down payment once again.

Then I went on to explain to her that unless the seller is willing to give up the remaining balance of the closing costs as a concession we would no longer have a deal. I also offered up the option for Jess to switch to a FHA loan which would delay the deal, make the seller pay another mortgage payment and in the end, she will be paying all of the closing costs. So, we left it up to them. Either give up $800 now or wait a month and give up atleast another $2,000(mortgage payment & up to 6% of closing costs).

The agent was trying to press Jessica with emotions, telling her about the sellers situation and how the seller "feels". I quickly put a stop to that shenanagins by telling the agent this is a business transaction, not a day time soap opera. The only factor in this equation was the dollar, period. At this point, we told her we took no ones feelings into play when coming up with our solution and ultimately our non-negotiable offer.

I also brought up that we thought we were dealing with three "professionals" and how between them they believe Jessica should be the one to pay for their mistake. Naturally she agreed with me and apologized, which made Jess happy since that is the first time the agent took responsiblity for the error. I said to the agent, "we all make honest mistakes, and if this was a honest mistake that is fine. The only thing that matters is how you fix the mistake, which will define your character" which means, pay for your mistake!

Back to when we first walked in, she says to me "well I didn't know you were coming" so I explained her father sent his condolences and I was asked to take his place. When we left, she thanked me for coming which is bullshit because but not for me, she would have pulled the wool over on Jessica and never thought twice.

So, in the end we ammended the contract to a purchase price of $122,200 which will pickup the remaining $800 of the closing costs AND that Jess will not be closing until she can take posession of the home. Now we play the waiting game.

Jess's lawyer was also updated after the meeting and his response was, if they come back with no deal then he will call them and "explain to them how it will all end" :rofl: I love the confidence when one is right, and Jess is right in this situation. In my opinion, the seller is truely unreasonable if she turns this offer down.
 

Schwinn68

little gearhead
Jan 9, 2008
632
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Minooka IL
sounds like you've got it handled. Would you mind flying out to my house the next time I go to buy a car or anything for that matter and do my negotiating for me? I would much rather have you on my side instead of against me:thumb::hug: