-
11-16-2009, 04:10 PM #1
Renter
- Join Date
- Nov 2009
- Posts
- 2
Full Priced Offer Turned Down - Recourse?
I was purchasing a home listed at $139,000 for $145950 (5% higher than $139k) with $6950 (5% of 139k) in closing paid by the seller. The house sold in 2006 for $265,000 so it's not surprising that the house is quite a bit less than this now. The house is in the Washington DC metro area and was listed on MRIS; due to taxes on the house $6950 was only slightly more than the taxes for one year so that was not an excessive amount.
According to my buyers agent "this is the most worst home buying experience you will ever have." Here's why he said this:
- I went to see the property on Oct. 25 with my agent, lock box was supposed to be there, but was not. Looked around property and liked the neighborhood and house more than all others (4) I had seen that day.
- My agent called listing agent to get key and listing agent was out of town, but he said key would be there on Oct. 26.
- On Oct. 26, I drove 2 hours to see house....key was not there; listing agent would not answer calls
- Oct. 27, I was in the area where the house was and made a 30 minute detour to see the house again after listing agent called my agent saying the key would be there....where was the key; no where to be found. The same day my agent was informed the owner had give the listing agent the wrong key and the owners were out of the country. My agent offered to pay to have the key made in order to move things forward, but the listing agent refused and would not allow the key to be made even though he had permission to be in the property.
- Nov. 2, my agent received call from listing agent stating key for house would be on door on Nov. 3. Key was finally on door the following day.
- I saw house and made a 105% offer with 5% owner paid closing costs since I had my agent bring a contract since I "had a good feeling about the house."
- For the next couple weeks updates are sparse, but my agent was told by the listing agent that the owner had been informed about the contract and were going to sign when they were back in the country.
- When they came back in the country, they did not sign the contract, but instead instructed their listing agent to remove the listing. The property was foreclosed on 2 days later (legal proceedings were on hold contingent with the sale).
At this point, my agent contacted the owner or previous owner since the bank owns the house now and asked why they did not sell. He stated he is trying to renegotiate the loan with the bank. My question is, since the owner refused to sign a full price contract are there any damages that can be received for my time that was wasted?
-
11-16-2009, 05:59 PM #2
Fixer Upper
- Join Date
- Sep 2009
- Location
- USA
- Posts
- 67
Sorry to hear about that. Happens all the time. Since you had no valid and enforceable contract, no meeting of the minds, you have no way of collecting for non performance. However, your agent could make a case for being owed a commission by the seller, but without knowing all of the details (bank issues, contract details, coop, etc.) there's no way for me to tell for sure.
-
11-17-2009, 12:01 PM #3
Moderator
- Join Date
- Sep 2007
- Location
- Outer Banks
- Posts
- 1,282
Both agents performed their parts and are probably due their commissions. They would have to sue but with the seller going to foreclosure there is probably nothing left to get.
Your Outer Banks real estate agent. Learn how to buy Outer Banks foreclosures.



LinkBack URL
About LinkBacks






Reply With Quote
Bookmarks