YoloinOhio Posted October 27, 2020 Share Posted October 27, 2020 (edited) https://www.bizjournals.com/buffalo/news/2020/10/26/lawsuit-cercone-tredavious-white-home-orchard-park.html Quote Buffalo attorney Marco Cercone and his wife are seeking an injunction to block the sale of a home in Orchard Park to Tre'Davious White of the Buffalo Bills. In a lawsuit filed Oct. 22 in New York State Supreme Court for Erie County, Cercone and his wife, Kari Anne, said they had struck a deal to buy a home at 11 Kingfisher Court in Orchard Park only to later be told a higher offer had come in. Edited October 27, 2020 by YoloinOhio Quote Link to comment Share on other sites More sharing options...
ChicksDigBills Posted October 27, 2020 Share Posted October 27, 2020 Obviously, Marco isn't a Bills fan ............ Quote Link to comment Share on other sites More sharing options...
QB Bills Posted October 27, 2020 Share Posted October 27, 2020 Picks fools off even in his personal life 10 Quote Link to comment Share on other sites More sharing options...
PirateHookerMD Posted October 27, 2020 Share Posted October 27, 2020 " On Oct. 13, they were told the Smiths had accepted the offer. A fully executed contract was completed a day later." I mean, if thats true, pretty straight forward case. The problem they will have is there are almost always ways to get out of a real-estate deal prior to closing. Sounds like the sellers were somewhat shady though. 7 Quote Link to comment Share on other sites More sharing options...
aristocrat Posted October 27, 2020 Share Posted October 27, 2020 unless they didnt get their dd and earnest money in they have an executed deal. not sure what the selling agent is doing here. 1 minute ago, PirateHookerMD said: " On Oct. 13, they were told the Smiths had accepted the offer. A fully executed contract was completed a day later." I mean, if thats true, pretty straight forward case. The problem they will have is there are almost always ways to get out of a real-estate deal prior to closing. Sounds like the sellers were somewhat shady though. only the buyers can get out in reality. sellers are locked in as long as buyers execute the deal and are ok with the property. i forget the term but essentially it means that in the entire world there is only one property like this one and therefore you are denying the buyers the chance at buying a unique property. 4 Quote Link to comment Share on other sites More sharing options...
MAJBobby Posted October 27, 2020 Share Posted October 27, 2020 Dumb Dumbs, Opened yourself up for this. Now comes our Lawsuit and at end of day will sell house originally agreed upon with additional court fees. 5 minutes ago, PirateHookerMD said: " On Oct. 13, they were told the Smiths had accepted the offer. A fully executed contract was completed a day later." I mean, if thats true, pretty straight forward case. The problem they will have is there are almost always ways to get out of a real-estate deal prior to closing. Sounds like the sellers were somewhat shady though. Not For Sellers. Only way to get out for sellers is Buyer misses a deadline like Inspection must be completed by X, (the Contingencies) Quote Link to comment Share on other sites More sharing options...
uticaclub Posted October 27, 2020 Share Posted October 27, 2020 5 minutes ago, aristocrat said: unless they didnt get their dd and earnest money in they have an executed deal. not sure what the selling agent is doing here. only the buyers can get out in reality. sellers are locked in as long as buyers execute the deal and are ok with the property. i forget the term but essentially it means that in the entire world there is only one property like this one and therefore you are denying the buyers the chance at buying a unique property. Yea I just closed on the house and if the buyer crossed the T's and dotted the lower case J's the house is there's. Sorry Tre Quote Link to comment Share on other sites More sharing options...
LabattBlue Posted October 27, 2020 Share Posted October 27, 2020 So how much will White cough up to make the lawsuit and the “other buyers” go away? Quote Link to comment Share on other sites More sharing options...
Hapless Bills Fan Posted October 27, 2020 Share Posted October 27, 2020 19 minutes ago, YoloinOhio said: https://www.bizjournals.com/buffalo/news/2020/10/26/lawsuit-cercone-tredavious-white-home-orchard-park.html Where's one of our real estate lawyer lads? I thought real estate contracts can usually be backed out of on both sides, there's just a penalty Quote Link to comment Share on other sites More sharing options...
DabillsDaBillsDaBills Posted October 27, 2020 Share Posted October 27, 2020 8 minutes ago, aristocrat said: unless they didnt get their dd and earnest money in they have an executed deal. not sure what the selling agent is doing here. only the buyers can get out in reality. sellers are locked in as long as buyers execute the deal and are ok with the property. i forget the term but essentially it means that in the entire world there is only one property like this one and therefore you are denying the buyers the chance at buying a unique property. Can the sellers breach the contract with the original buyers and owe them damages ? Quote Link to comment Share on other sites More sharing options...
YoloinOhio Posted October 27, 2020 Author Share Posted October 27, 2020 I wonder how much more his offer was Quote Link to comment Share on other sites More sharing options...
Coach Tuesday Posted October 27, 2020 Share Posted October 27, 2020 Sounds like a $50K check from Tre will get rid of the lawsuit and get him the house he wants. Quote Link to comment Share on other sites More sharing options...
MAJBobby Posted October 27, 2020 Share Posted October 27, 2020 Just now, Hapless Bills Fan said: Where's one of our real estate lawyer lads? I thought real estate contracts can usually be backed out of on both sides, there's just a penalty Only on the buyers Side. Sellers side only can back out if deadlines that are placed in the contract are missed. IE Inspection done within 72 hours or something like that. But unlike buyers, sellers can’t back out and forfeit their earnest deposit money (usually 1-3 percent of the offer price). If you decide to cancel a deal when the home is already under contract, you can be either legally forced to close anyway or sued for financial damages. Of course, the specific consequences depend on the terms of your sales contract for the house. 1 Quote Link to comment Share on other sites More sharing options...
aristocrat Posted October 27, 2020 Share Posted October 27, 2020 2 minutes ago, uticaclub said: Yea I just closed on the house and if the buyer crossed the T's and dotted the lower case J's the house is there's. Sorry Tre excellent wayne's world reference. i've had some hilarious experiences over the years buying and selling homes. you think you 've seen the craziest person and then nope there is someone crazier 2 minutes ago, DabillsDaBillsDaBills said: Can the sellers breach the contract with the original buyers and owe them damages ? oh yea. think about it like this....the house is the only one in the world with that land, features, location, etc etc. literally the only one. seller needs to execute original deal or else they're gonna pay up some money. unless there is something with the buyers offer that wasnt completed. checks, signed docs etc. lied about their ability to actually close 2 Quote Link to comment Share on other sites More sharing options...
DabillsDaBillsDaBills Posted October 27, 2020 Share Posted October 27, 2020 7 minutes ago, aristocrat said: excellent wayne's world reference. i've had some hilarious experiences over the years buying and selling homes. you think you 've seen the craziest person and then nope there is someone crazier oh yea. think about it like this....the house is the only one in the world with that land, features, location, etc etc. literally the only one. seller needs to execute original deal or else they're gonna pay up some money. unless there is something with the buyers offer that wasnt completed. checks, signed docs etc. lied about their ability to actually close That's pretty cool stuff. I guess it makes sense for the sellers if Tre's offer is for enough more $$ that it will cover the damages and then some. Do you know what a ballpark figure for damages would be? Quote Link to comment Share on other sites More sharing options...
SoTier Posted October 27, 2020 Share Posted October 27, 2020 Why is this even news? I mean, even in Buffalo Business First, why is this even news? This is simply a shady real estate deal on the part of the real estate broker/firm/sellers. 1 Quote Link to comment Share on other sites More sharing options...
Kwai San Posted October 27, 2020 Share Posted October 27, 2020 14 minutes ago, Back the Blue said: So how much will White cough up to make the lawsuit and the “other buyers” go away? I'm guessing that what the Cercone's are wanting.....seems like shady sellers to me. Quote Link to comment Share on other sites More sharing options...
SectionC3 Posted October 27, 2020 Share Posted October 27, 2020 12 minutes ago, MAJBobby said: Only on the buyers Side. Sellers side only can back out if deadlines that are placed in the contract are missed. IE Inspection done within 72 hours or something like that. But unlike buyers, sellers can’t back out and forfeit their earnest deposit money (usually 1-3 percent of the offer price). If you decide to cancel a deal when the home is already under contract, you can be either legally forced to close anyway or sued for financial damages. Of course, the specific consequences depend on the terms of your sales contract for the house. Depends on what the contract says. Not sure if they used the form ECBA contract or something else. 1 Quote Link to comment Share on other sites More sharing options...
MAJBobby Posted October 27, 2020 Share Posted October 27, 2020 On A Side note. I would love to be in an area where a house like that is on the market for less than Multiple Millions. 5 1 Quote Link to comment Share on other sites More sharing options...
Don Otreply Posted October 27, 2020 Share Posted October 27, 2020 Tre will do a back door payment to the sellers to compensate them for the “financial damages” law suit... and they will all live happily ever after... Quote Link to comment Share on other sites More sharing options...
SectionC3 Posted October 27, 2020 Share Posted October 27, 2020 1 minute ago, Kwai San said: I'm guessing that what the Cercone's are wanting.....seems like shady sellers to me. This is a typical lawyer move. Trying to squeeze the doc who owns the house for a little bit of cash. Three days of planning? Not worth much. Boo hoo. It’s just a conniving power play by a couple of guys who are like Martin Prince on the Simpsons. Also, it is a gorgeous house. Objectively I can’t say I blame the Cercones for being upset. It lingered on the market for awhile, but well appointed and good value. I liked it a lot when I looked at it. Just didn’t like the taxes. Quote Link to comment Share on other sites More sharing options...
SF Bills Fan Posted October 27, 2020 Share Posted October 27, 2020 Nice place- it's listed at 749k. When I was little that was one large field. On a side note- I used to go there and catch snakes with Bills coach Jim Ringo's son (they lived on Fox Chapel) pretty much exactly where that house is located. This was in the 70's when I was 6 or 7 1 1 Quote Link to comment Share on other sites More sharing options...
SectionC3 Posted October 27, 2020 Share Posted October 27, 2020 (edited) 9 minutes ago, MAJBobby said: On A Side note. I would love to be in an area where a house like that is on the market for less than Multiple Millions. Look at the houses for sale on Grand View in Orchard Park. Not too shabby. You’ll like those. Edited October 27, 2020 by SectionC3 Quote Link to comment Share on other sites More sharing options...
Rocky Landing Posted October 27, 2020 Share Posted October 27, 2020 Holy smokes! Y'all should see what you get in Los Angeles for $750,000 bucks! 5 Quote Link to comment Share on other sites More sharing options...
Back2Buff Posted October 27, 2020 Share Posted October 27, 2020 House ain't worth fighting over. There is much better on market. Not sure why Tre would want his address exposed now anyways. Walk away. Quote Link to comment Share on other sites More sharing options...
BuffaloBillies Posted October 27, 2020 Share Posted October 27, 2020 3 minutes ago, SectionC3 said: Bad taste. Please remove this. They read this website. OK - deleted 1 Quote Link to comment Share on other sites More sharing options...
MAJBobby Posted October 27, 2020 Share Posted October 27, 2020 3 minutes ago, SectionC3 said: Bad taste. Please remove this. They read this website. Look at the houses for sale on Grand View in Orchard Park. Not too shabby. You’ll like those. If I lived in the area I would. being down here in FL a house like that with that land is Mulitple Millions Quote Link to comment Share on other sites More sharing options...
SectionC3 Posted October 27, 2020 Share Posted October 27, 2020 8 minutes ago, Don Otreply said: Tre will do a back door payment to the sellers to compensate them for the “financial damages” law suit... and they will all live happily ever after... Depends on how badly he wants the house. Doc is going to pony up here to quash this mess. Shouldn’t take long. Couple of bucks to make the Cercones go away and avoid getting some papers from the Whites. Quote Link to comment Share on other sites More sharing options...
Mark Vader Posted October 27, 2020 Share Posted October 27, 2020 1 minute ago, Rocky Landing said: Holy smokes! Y'all should see what you get in Los Angeles for $750,000 bucks! 1 1 Quote Link to comment Share on other sites More sharing options...
uticaclub Posted October 27, 2020 Share Posted October 27, 2020 20 minutes ago, aristocrat said: i've had some hilarious experiences over the years buying and selling homes. you think you 've seen the craziest person and then nope there is someone crazier I think you get that in most industries Quote Link to comment Share on other sites More sharing options...
Mark Vader Posted October 27, 2020 Share Posted October 27, 2020 1 minute ago, MAJBobby said: If I lived in the area I would. being down here in FL a house like that with that land is Mulitple Millions But.....Snow Quote Link to comment Share on other sites More sharing options...
YoloinOhio Posted October 27, 2020 Author Share Posted October 27, 2020 6 minutes ago, Rocky Landing said: Holy smokes! Y'all should see what you get in Los Angeles for $750,000 bucks! Oh I know - it’s a tremendous price for that house even in Ohio Quote Link to comment Share on other sites More sharing options...
Over 29 years of fanhood Posted October 27, 2020 Share Posted October 27, 2020 7 minutes ago, Rocky Landing said: Holy smokes! Y'all should see what you get in Los Angeles for $750,000 bucks! Awesome house for $750K.... but, $23 grand in taxes per year 🤮 The taxes almost the same per month as a conventional mortgage would be. 1 Quote Link to comment Share on other sites More sharing options...
bigK14094 Posted October 27, 2020 Share Posted October 27, 2020 (edited) I wonder if Tre spends enough time out of NY to not be a NYS resident. That would mean big bucks to him.......home back down south? Probabily not, w camps etc. But, the season and training camp are well short of the 6 months required to be a resident. I suspect that NYS has special rules on income tax for the professional athletes, but don't know that for sure. Never wondered about that before until this housing discussion.....I too think the signed contract is binding, unless there is a 48 hour escape clause hidden somewhere. Edited October 27, 2020 by bigK14094 Quote Link to comment Share on other sites More sharing options...
MarkyMannn Posted October 27, 2020 Share Posted October 27, 2020 (edited) 9 minutes ago, Over 29 years of fanhood said: Awesome house for $750K.... but, $23 grand in taxes per year 🤮 The taxes almost the same per month as a conventional mortgage would be. That is just about what any suburb in Buffalo pays. I would say $2,500 for every valuation of $100k. And 10 years ago that was a $350,000 house I bet I don't see why Tre would tie himself up in this. Just walk away there are plenty of nice houses available. Pretty shady of realtors though Wow I'm off on value 10 years ago. From Zillow sold for $854k in 2004 Edited October 27, 2020 by MarkyMannn Quote Link to comment Share on other sites More sharing options...
Over 29 years of fanhood Posted October 27, 2020 Share Posted October 27, 2020 (edited) 7 minutes ago, MarkyMannn said: That is just about what any suburb in Buffalo pays. I would say $2,500 for every valuation of $100k. And 10 years ago that was a $350,000 house I bet I don't see why Tre would tie himself up in this. Just walk away there are plenty of nice houses available. Pretty shady of realtors though Hmmm property values doubling in WNY??? unfortunately, no.... 12/17/2004 Sold $854,558 I don’t know why he wouldn’t just rent A house. He may be retire by the time his kids begin school and property isn’t a wonderful investment in that market. Edited October 27, 2020 by Over 29 years of fanhood Quote Link to comment Share on other sites More sharing options...
MarkyMannn Posted October 27, 2020 Share Posted October 27, 2020 9 minutes ago, Over 29 years of fanhood said: Hmmm property values doubling in WNY??? unfortunately, no.... 12/17/2004 Sold $854,558 I don’t know why he wouldn’t just rent A house. He may be retire by the time his kids begin school and property isn’t a wonderful investment in that market. For some areas, especially income doubles in the city. See the backyard on that house? Like 10' from patio to back fence. I like now how home pictures are brightened up so they jump out at you Quote Link to comment Share on other sites More sharing options...
Motorin' Posted October 27, 2020 Share Posted October 27, 2020 1 hour ago, SoTier said: Why is this even news? I mean, even in Buffalo Business First, why is this even news? This is simply a shady real estate deal on the part of the real estate broker/firm/sellers. Yeah, I doubt the broker told Tre "you know what, we have a legal contract, but screw them." And if the broker were the one's who broke the contract without Tre's knowledge of the initial buyers, then Tre will be held blameless. Which is probably why he is not named in the law suit. Quote Link to comment Share on other sites More sharing options...
ICanSleepWhenI'mDead Posted October 27, 2020 Share Posted October 27, 2020 1 hour ago, Hapless Bills Fan said: Where's one of our real estate lawyer lads? I thought real estate contracts can usually be backed out of on both sides, there's just a penalty Regardless of whether or not I'm a real estate lawyer lad, here's an article about a fairly recent similar New York appellate decision dealing with specific performance of a property sale dispute. Specific performance was not granted in the case, because there was never a true "meeting of the minds." In Orchard Park, there may have been a "meeting of the minds." While it's true that, as a practical matter, the current owner might be able to throw enough money at the plaintiffs to get them to dismiss the suit so that the owner can sell the house to Tre for a higher price, the decision about whether to accept cash rather than completing the existing purchase contract is not up to either the current owner or Tre White. https://fhnylaw.com/second-department-determines-that-potential-real-estate-buyer-is-not-entitled-to-specific-performance-because-there-was-no-enforcable-contract/ Quote Link to comment Share on other sites More sharing options...
teef Posted October 27, 2020 Share Posted October 27, 2020 57 minutes ago, Over 29 years of fanhood said: Awesome house for $750K.... but, $23 grand in taxes per year 🤮 The taxes almost the same per month as a conventional mortgage would be. this even strikes me as a bit low for a house that value. Quote Link to comment Share on other sites More sharing options...
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