crackur Posted July 26, 2008 Share Posted July 26, 2008 My wife and I have been looking for a house for awhile now until recently we found one that was for sell that we actually have liked for awhile. One of the persons who is selling the house is an ok friend to my wife and her dad. We were the only ones they let look at their house and they werent going to use a realtor to save cost so they would get a better sale value to use to buy a new home (in which they had a realtor for). At first they gave us an estimate of a price for the home and some furniture they didnt want to move. Then later the raised it when they found out they wanted more of a house. Later than that they upped it again......but I was able to knock it down some. OK........ to make a long story short after times of not hearing from them and then 90minute conversations on the phone with them here and there. We had an agreement, and I was to draw up a contract. I wrote the contract to their liking of a price with contingents for myself. Such as it has to appraise at a certain value and be financed before I was held to it. As well as if it appraised down to 5000 dollars below the asking price then it would become the new purchased price amended. A week or so went on and they didnt sign it and I thought they werent going too but they did. So I took the contract with everyones signature on it to my lender with money for an appraisal, loan application process etc yesterday and blah blah and so on to finish my loan (which will be completed next thursday). Ok....question......today I get home from work and I have a voicemail from one of them saying they will not be able to sell right now because they cannot get a loan to buy the house they wanted (because of late payments made showing on their credit report)......however, they told me when we first talked they had a high credit score, good rate for a house and a budget twice as high as mine, they even put in an offer that was accepted on some land a cple weeks ago. They have a bank/broker who told them to sale their house first to have money in their hands to get a better deal on rates etc My question is, if the house appraises for the purchase price or the contingent price I put on the contract, arent they legally required to sale to me even if they do not want too? They have no contingents or requirements in the contract or verbally with me from the get go Link to comment Share on other sites More sharing options...
Fezmid Posted July 26, 2008 Share Posted July 26, 2008 Regardless of whether it's legal or not, do you want to alienate your wife's friend? Link to comment Share on other sites More sharing options...
crackur Posted July 26, 2008 Author Share Posted July 26, 2008 they never spoke in my presence of the seven yrs I have been with my wife before this.....haha apparently they might of known each other in school for a short period of time. And ........my wife is for it......so haha when you have looked for a house as long as I have and rented.......I honestly suspect them of lying and dont want to sell to us now because they want more money......they kept upping the price and then trying to make me pay extra for furniture after they included it the first time.... when I was prequalified for my loan my credit report was ran as well as my wives....and I do it 3 times a yr for myself anyway.......I believe they are lying honestly Link to comment Share on other sites More sharing options...
Acantha Posted July 26, 2008 Share Posted July 26, 2008 Legal or not legal it's a bad situation, even leaving out the trying to kick your wife's friends out of their house part. Real Estate is weird right now with the economy the way it is. Everyone's trying to bail on houses without losing their asses, so prices are all over the place. But whatever the situation, you shouldn't come across anyone who is RAISING the price...and you certainly shouldn't be accepting a price raise so that the current owner is able to get a better house! When friends are involved, business deals go to hell. Look around and find some desperate sellers...they're out there and now and their numbers will be increasing. EDIT: After reading your last response....same basic theory, but screw these guys. They're trying to get one over on you. If you really feel the current price you agreed on is good (I have my doubts if they have raised it more than once), hold them to it or tell them to rip up the contract....period. Either they will give you what you want or you'll get away from a deal with some jerks who are trying to take advantage of you. Link to comment Share on other sites More sharing options...
crackur Posted July 26, 2008 Author Share Posted July 26, 2008 Legal or not legal it's a bad situation, even leaving out the trying to kick your wife's friends out of their house part. Real Estate is weird right now with the economy the way it is. Everyone's trying to bail on houses without losing their asses, so prices are all over the place. But whatever the situation, you shouldn't come across anyone who is RAISING the price...and you certainly shouldn't be accepting a price raise so that the current owner is able to get a better house! When friends are involved, business deals go to hell. Look around and find some desperate sellers...they're out there and now and their numbers will be increasing. EDIT: After reading your last response....same basic theory, but screw these guys. They're trying to get one over on you. If you really feel the current price you agreed on is good (I have my doubts if they have raised it more than once), hold them to it or tell them to rip up the contract....period. Either they will give you what you want or you'll get away from a deal with some jerks who are trying to take advantage of you. I wrote the contract so bascially I did everyting to cover my wife and my ass in the situation. The lender said the house would appraise out since the prices of housing are high in my area and on the constant rise. My wife and I wanted this house before they actually bought it 3-4 yrs ago. My lender is the one who gave them the loan to buy it in the first place I am not backing away.......I feel like it, if it appraises out......it should be my home..........I have already paid close to a grand for this already....that I cant get back Link to comment Share on other sites More sharing options...
crackur Posted July 26, 2008 Author Share Posted July 26, 2008 sorry, its not really a friend to my wife.......my mother in law told me it was LOL I believed her.........my wife said she was a freshman when she was a senior in high school that is how she knew her durr on my part Link to comment Share on other sites More sharing options...
Tcali Posted July 26, 2008 Share Posted July 26, 2008 Forget the house. The don't wanna sell it. Its not the last house in the world. Link to comment Share on other sites More sharing options...
crackur Posted July 26, 2008 Author Share Posted July 26, 2008 Forget the house. The don't wanna sell it. Its not the last house in the world. this is what i believe. But I cannot forget.......haha sorry, I have allowed many people to run me over.........but not this time......time to ante up Link to comment Share on other sites More sharing options...
crackur Posted July 26, 2008 Author Share Posted July 26, 2008 thanks guy for the input I was just making sure I was correct about the legal aspect about it... Can a MOD delete this now, sorry for posting questions Link to comment Share on other sites More sharing options...
Fan in San Diego Posted July 27, 2008 Share Posted July 27, 2008 I wrote the contract so bascially I did everyting to cover my wife and my ass in the situation. The lender said the house would appraise out since the prices of housing are high in my area and on the constant rise. My wife and I wanted this house before they actually bought it 3-4 yrs ago. My lender is the one who gave them the loan to buy it in the first place I am not backing away.......I feel like it, if it appraises out......it should be my home..........I have already paid close to a grand for this already....that I cant get back Ask them to reimburse you for expenses and then you'll let them out of the contract. Link to comment Share on other sites More sharing options...
drnykterstein Posted July 27, 2008 Share Posted July 27, 2008 My question is, if the house appraises for the purchase price or the contingent price I put on the contract, arent they legally required to sale to me even if they do not want too? They have no contingents or requirements in the contract or verbally with me from the get go I'm pretty sure a Judge would have to answer that. But you do have a pretty strong case for booting them. Link to comment Share on other sites More sharing options...
Alaska Darin Posted July 27, 2008 Share Posted July 27, 2008 The only ones who'll win this mess are the lawyers. RUN away. Link to comment Share on other sites More sharing options...
DC Tom Posted July 27, 2008 Share Posted July 27, 2008 They signed a contract, they backed out, you have a right to restitution. That's the way it usually works. But then, lawyers usually write up the sales contracts. You did it yourself. You sue for restitution over a contract you wrote yourself, and odds are it gets real messy real quick. Darin's right...let it go, and chalk it up as a cheap lesson. Link to comment Share on other sites More sharing options...
Fan in San Diego Posted July 27, 2008 Share Posted July 27, 2008 This story is why I recommend to always use a realtor, you get the correct purchase contracts, separate players from contenders and can avoid messy conflicts. Link to comment Share on other sites More sharing options...
Dr. Fong Posted July 27, 2008 Share Posted July 27, 2008 Try to put the brakes on the appraisal and maybe if things break just right for you you won't be on the hook for the whole fee. As far as the house goes just walk away and go buy another one. Link to comment Share on other sites More sharing options...
crackur Posted July 27, 2008 Author Share Posted July 27, 2008 they called this morning and said they were sorry they scared us with the I cant sell, and said they have worked out their problems and now they can sale and they apologize for the problem Link to comment Share on other sites More sharing options...
Fan in San Diego Posted July 27, 2008 Share Posted July 27, 2008 they called this morning and said they were sorry they scared us with the I cant sell, and said they have worked out their problems and now they can sale and they apologize for the problem Flakes ! Link to comment Share on other sites More sharing options...
MarkyMannn Posted July 27, 2008 Share Posted July 27, 2008 they called this morning and said they were sorry they scared us with the I cant sell, and said they have worked out their problems and now they can sale and they apologize for the problem So tell them you are sorry but you can't buy now, well maybe if 5% came off the price Link to comment Share on other sites More sharing options...
Fan in San Diego Posted July 28, 2008 Share Posted July 28, 2008 So tell them you are sorry but you can't buy now, well maybe if 5% came off the price Good one ! Link to comment Share on other sites More sharing options...
Sen. John Blutarsky Posted July 28, 2008 Share Posted July 28, 2008 So tell them you are sorry but you can't buy now, well maybe if 5% came off the price Seriously. Get the deal done as quick as you can if you really want the house. I'd at least talk with a real estate lawyer or at the minimum a real estate agent before you continue. There a lot of paperwork involved and it gets UGLY if it gets screwed up. I sold my house to my father w/o listing it with an agent but I had an agent I know do the paperwork for me. She agreed to do it all for $1,000. It was well worth it to have a professional handle the headaches. Link to comment Share on other sites More sharing options...
Recommended Posts