bushmaster1313
Member
Grasshopper
Wise person say:
Contract good
But only as good as person you contract with
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Walked out of home purchase at closing rant
- Thread starter allthumbs
- Start date
Grasshopper
Wise person say:
Contract good
But only as good as person you contract with
Too bad you didn't take pictures. Are there pictures on Houseview or Zillow or the realtor's website that you can preserve? Unfortunately, "That appears to be a different dishwasher . . . " will be met with "No, it's not . . . "
Your outcome all depends on what your contract spells out . . .
Your outcome all depends on what your contract spells out . . .
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Give the list to your realtor and have them take care of it.Neither realtor wants the deal blown at this point.
Rastoff
US Veteran
Without pictures it's all hearsay and won't help a court case. Getting the agent to agree to and sign the list is the only way you can have a glimmer of proof.
Every comment like "filthy" or "inoperable" is just your opinion. It will not carry any weight in a court of law. The only thing the courts care about are provable facts. Without pictures you have little to stand on.
It doesn't sound like you have much of a case. Had you taken pictures, you might. Since you didn't, everything you don't agree with is just hearsay.
The condition of the house, holes in walls etc., and what was supposed to be left behind, will depend on what's written in the contract. If the dish washer is not specifically mentioned in the contract, it's irrelevant.
I'm sorry this has happened to you, but you'll be lucky to get your deposit back. I completely agree that you should, but I don't think you will. If I were you, I'd just chalk the deposit up to learning and be more specific with the next house.
4506517
Member
Brother, for $350,000 and that to happen, they would've gotten the David Spade "Buh Bye" and never heard from me again.
In MY EXPERIENCE (and since everyone has become quite touchy lately, only talking about MY experience) real estate agents get lazier and lazier the closer you get to the end. A good agent would have kept track of where the residents were on the moving out path. My good buddy is an agent and I know he wouldn't have allowed that to happen.
Roll out. I would also fire your buyers agent. No way he/she should have EVER let that happen.
In MY EXPERIENCE (and since everyone has become quite touchy lately, only talking about MY experience) real estate agents get lazier and lazier the closer you get to the end. A good agent would have kept track of where the residents were on the moving out path. My good buddy is an agent and I know he wouldn't have allowed that to happen.
Roll out. I would also fire your buyers agent. No way he/she should have EVER let that happen.
For 350K, I wouldn't buy a dump either. It's amazing how crummy some people are. We had neighbors, back in the 60s, that took all their interior door knobs with them.
ChattanoogaPhil
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The entire process of moving can be super stressful. Sometimes issues can seem bigger or more difficult to overcome than they really are.
Take a deep breath. Relax. Go have a beer or whatever it is you and the Mrs do to chill. Tomorrow you may have a different perspective... or maybe not.
Good luck.
ps... you and the seller ain't going to court over a dirty house, carpet and some sheetrock.... just ain't gonna happen.
Take a deep breath. Relax. Go have a beer or whatever it is you and the Mrs do to chill. Tomorrow you may have a different perspective... or maybe not.
Good luck.
ps... you and the seller ain't going to court over a dirty house, carpet and some sheetrock.... just ain't gonna happen.
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I beg to differ with you. When you hire and sign a contract with a buyers agent, that agent is obligated to protect your interests and to negotiate the best deal for you. The seller may still be asked to pay the commission out of the transaction but the contract between you and the buyers agent is absolute.
Don't confuse a sub agent working with buyers to a buyers agent. They are not the same.
This ^^^^^^
Of course, the OP hasn't really discussed that relationship, other than mentioning that he talked to "his" realtor. Could be either one of the above scenarios.
Well, they might, just not in the way the OP intended . . .
AJ
US Veteran
would have walked too. Do you have pictures?
bountyhunter
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It's deja vu all over again.... the dy before we were set to move into our new house, the agent calls and tries to bully us into "renting back" to the owners for a couple of weeks.. Next day we go over and the alcoholic woman who lives there is screaming hysterically (she didn't want to sell, her husband did). We went away for a few hours and came back. They wre gone but had left behind a thousand empty gin bottles, a couple of used TVs, half of a motorcycle, a million old magazines and a lot of damage.
Learned the hard way: make them put $10k in escrow for damage and cleaning costs or you get stuck with it.
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A house is usually the most expensive purchase you make. It makes sense to have hired a lawyer to represent you at all stages of the transaction. The attorney should review the P&S Agreement before it is signed. Protections need to be built in. No matter how good the Broker is, the Broker can not give you the protection you need. Don't be penny wise and pound foolish.
Rastoff
US Veteran
Really? Is this what we've devolved to? We have to have a lawyer to monitor any purchase?
In order to make an offer on a house here in CA, you have to sign about 5 pages of a contract. If there's any back-and-forth over the price, every step is with these same papers signed every time. We have to kill about 5 trees before we enter escrow.
Why do we have to do this stupidity? See the OP.
I can't imagine anyone obligating themselves for 30 years of monthly payments (or spending in excess of $100,000 in a cash transaction) that wouldn't have a real estate attorney look at the documents.
Edit: Just for my own edification, who in the OP's post are you calling stupid?
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Some markets use attorneys,some don't.
Some individuals use attorneys, some don't. I don't care what the convention is, my guy gets to look at stuff that may cost me money if I do it wrong . . .
Dual Agency - NOT your friend
I do not like and will not work with DUAL agency - e.g. Sellers and Buyers agent working for one Broker.
A Buyers agent has a fiduciary duty to his customer.
I will NOT let any agent show me any of his companies listings.
That way I avoid some potential conflicts.
Agents might still share information - although not supposed to ...
Not sure of your LEGAL situation.
BUT, failure to close until problems cured would be allowed with most purchase contracts in Kentucky.
Bekeart
I am a licensed (but inactive) real estate sales person in Kentucky.
I do not like and will not work with DUAL agency - e.g. Sellers and Buyers agent working for one Broker.
A Buyers agent has a fiduciary duty to his customer.
I will NOT let any agent show me any of his companies listings.
That way I avoid some potential conflicts.
Agents might still share information - although not supposed to ...
Not sure of your LEGAL situation.
BUT, failure to close until problems cured would be allowed with most purchase contracts in Kentucky.
Bekeart
I am a licensed (but inactive) real estate sales person in Kentucky.
Huh . . . ?
