We were very fortunate to find a nice home in Paradise, CA that was a little under market. Apparently, the previous owner passed away in that house (RIP) two years earlier, and that info sends some buyers elsewhere. We haven't seen a spook yet in the house, he was 95 years old. The sellers threw in some new wall to wall carpet (cheapest stuff they could find), but left all the appliances intact. We replaced every one of them, since they were about 20 plus years old, except the wall oven, and a fridge that my wife considered bringing back to good health her goal in life...it was closed up for months, stunk like high heaven...I called it Moby Dick. She got it cleaned out and works fine now. A friend of ours bought up here, a foreclosure...they took out everything that wasn't bolted down, window coverings, the sellers painted the whole place probably using a whisk broom....but it's coming together now as a rental.
Walked out of home purchase at closing rant
- Thread starter allthumbs
- Start date
I heard from my realtor this morning, she said the sellers called her and tried to talk to her and she said to contact their agent, they said OK we're getting a lawyer.
I don't care who they get, I expected the house to be in the same condition as when I agreed to buy it, I really hope they get a lawyer, I'd have a lot of fun with that one. If you think there is ANY way in hell that I'm paying 350 grand for a house and have to clean, plaster and paint and replace all the urine soaked carpeting and the dish washer that you switched out but forgot to connect it up and anchor then you got lots of marbles rolling around it that space between your ears.
I said soon after leaving the property that we should have taken pictures, we were just in so much shock that we didn't think of it at the house.
This was a young couple maybe early/middle 30's and even during the home inspection they did not want us there and the inspector asked them not to be home and informed them that I would also be there, that's how he works, they stayed there and the wife complained so much I stayed long enough to pay the inspector and left. I should of and did have an uneasy feeling then.
This is far from my 1st home purchase and have never dealt with people like this, I spent money on the inspection, I gave a $500.00 non refundable deposit to the movers, he said next move he would apply it but I have no idea of when that will be, besides the hours of time and hundreds of miles driving back and forth and so on. I'm not happy, kind of sick to my stomach.
One thing I would think is in my favor is my agent seen it and agreed with us and the sellers agent works for the same R.E. company, so I'm thinking it wouldn't look too good for them to disagree. My agent said as soon as she saw the kitchen she got a feeling we would not accept the house in that condition, and that's the 1st room we looked at.
Thanks for the encouragement and advice and letting me rant on, I'm really upset over this and have no desire to look at any houses any time soon.
I don't care who they get, I expected the house to be in the same condition as when I agreed to buy it, I really hope they get a lawyer, I'd have a lot of fun with that one. If you think there is ANY way in hell that I'm paying 350 grand for a house and have to clean, plaster and paint and replace all the urine soaked carpeting and the dish washer that you switched out but forgot to connect it up and anchor then you got lots of marbles rolling around it that space between your ears.
I said soon after leaving the property that we should have taken pictures, we were just in so much shock that we didn't think of it at the house.
This was a young couple maybe early/middle 30's and even during the home inspection they did not want us there and the inspector asked them not to be home and informed them that I would also be there, that's how he works, they stayed there and the wife complained so much I stayed long enough to pay the inspector and left. I should of and did have an uneasy feeling then.
This is far from my 1st home purchase and have never dealt with people like this, I spent money on the inspection, I gave a $500.00 non refundable deposit to the movers, he said next move he would apply it but I have no idea of when that will be, besides the hours of time and hundreds of miles driving back and forth and so on. I'm not happy, kind of sick to my stomach.
One thing I would think is in my favor is my agent seen it and agreed with us and the sellers agent works for the same R.E. company, so I'm thinking it wouldn't look too good for them to disagree. My agent said as soon as she saw the kitchen she got a feeling we would not accept the house in that condition, and that's the 1st room we looked at.
Thanks for the encouragement and advice and letting me rant on, I'm really upset over this and have no desire to look at any houses any time soon.
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SweetMK
Member
We just helped our daughter buy a house,,
The seller did the same things,, but,, we had a price locked in that was so low, we disregarded the issues.
The seller was obviously trying to back out of the sale,,, we never missed a beat.
To top it off,,, the inspector found the well to be inadequate,, the seller had to pony up $12K for the well.
We did not pay a nickel extra (that still shocks me,,,
)
Anyways,, we kinda know the seller,,, they have not said a word to us since October.
That is OK,,, my daughter has a 13 acre playground for her 3 children,,
right next door to MeMe and PopPop,,,
The seller did the same things,, but,, we had a price locked in that was so low, we disregarded the issues.
The seller was obviously trying to back out of the sale,,, we never missed a beat.
To top it off,,, the inspector found the well to be inadequate,, the seller had to pony up $12K for the well.
We did not pay a nickel extra (that still shocks me,,,
)Anyways,, we kinda know the seller,,, they have not said a word to us since October.
That is OK,,, my daughter has a 13 acre playground for her 3 children,,
right next door to MeMe and PopPop,,,
M3Stuart
Member
All that was missing was them leaving chickens, water and ten pounds of feed in the place while they were gone the previous week.
Rastoff
US Veteran
This is why we use escrow companies. That way dirt bags like this can't take our money until everything is satisfied.
You should have taken pictures. You can get your deposit back if the home is not in the condition it was when you signed the escrow papers.
If they pay for a professional cleaning, I might consider continuing. Otherwise, I'd walk too. I hope this works out for you.
You should have taken pictures. You can get your deposit back if the home is not in the condition it was when you signed the escrow papers.
If they pay for a professional cleaning, I might consider continuing. Otherwise, I'd walk too. I hope this works out for you.
Don't laugh but when I was in RE full time, I showed a condo in town where the current occupants had removed the upper kitchen cabinet doors and replaced them with chicken wire. Inside on each shelf was a nesting chicken.
I would say more but I am ding free in 2016 and wish to remain that way.
bushmaster1313
Member
IMHO, ethics would require "broom" clean because that is what is customary in these deals and accepted as law.
Pride is another thing. If my dear departed Mom was selling the house you could have eaten off the floor.
Rastoff
US Veteran
No, I believe the law requires livable condition for standard health and safety. Urine soaked carpets doesn't meet that standard.
alwaysoutdoors
Member
It wasn't meant to be. You may find a better one. The sellers sound like a real pair. Don't let that get you angry, it's just a HOUSE.
finesse_r
Member
This is modern day, progressive, multi-cultural USA. There is no longer any such thing as
ethics and pride any longer. Today we have laws, not social norms and morays by which to live. 50 years ago we did not need all the laws because social norms and morays work in a mostly homogeneous culture.
Today it is all about getting yours and doing unto others before they do it unto you. Sad to actually write that down, but I believe that is where we have come to especially in our larger cities. Today if it is legal people think that makes it right.
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model70hunter
Member
We've bought and sold many houses. We had 2 issues on the house we sold in the metro STL area. the first couple loved it, she was so excited about having a pool and her kids/grandkids were in heaven. We got right up to closing, a house went on the market nest to hubbys bestest fren. He balked, his wife was ticked. We had packed and put stuff in storage. The contract said if they back out the $1000.00 down payment defaults to us. I told him to fly away minus the money, He later said he'd see us in small claims court and even dropped off the hearing legalese. Well a officer of the law or legal person has to do this. I ignored him, he wrote directly to us, said he was gonna ruin our credit and on and on. I sincerely hoped he would knock on my door and voice the threats. Finally our agent said sometimes people willingly refund if someone walks. His agent had called out agent. Geez. My wife said OK, I said BS no, we occurred expenses getting out, I'll give half back or forget it. He took it. Wormy fella.
The next buyer bought the house, he was young, his first house. We had planned on leaving the Maytag washer and dryer. He DEMANDED WE LEAVE THEM AND THE FRIDGE! He was a pushy little pup. I said sure we'll leave them, they all were 10 years old, plus. Maybe 15.
Then he kept coming up with stuff, off the wall. I agreed to the small ones. Then he went past the last straw on my back and made a crazy demand or 2. He wanted us to do some things he personally wanted after we had a signed contract and a set closing date.
I am not supposed to talk to his Realtor, I called him and told him to tell the jerk the sale is off, kiss off and don't call me. If your client shows up here there will be trouble.
A few days later my realtor called, she said I was not supposed to talk to his guy, I told her she should have nipped most of this crud early on. And I'm thinking about replacing her for failure to get it done.
She called back, it was all good to go as contracted to.
We made friends with the couple across the street and when in the area stop and visit. They said he is a weird jerk. My wife is blessed with a green thumb, our yard was the most beautiful for blocks around with the shrubs, flowers and trees. When he sees us he hustles inside.
I hate buying and selling, it is impersonal and the agent you pay seems to be working for the buyer.
The next buyer bought the house, he was young, his first house. We had planned on leaving the Maytag washer and dryer. He DEMANDED WE LEAVE THEM AND THE FRIDGE! He was a pushy little pup. I said sure we'll leave them, they all were 10 years old, plus. Maybe 15.
Then he kept coming up with stuff, off the wall. I agreed to the small ones. Then he went past the last straw on my back and made a crazy demand or 2. He wanted us to do some things he personally wanted after we had a signed contract and a set closing date.
I am not supposed to talk to his Realtor, I called him and told him to tell the jerk the sale is off, kiss off and don't call me. If your client shows up here there will be trouble.
A few days later my realtor called, she said I was not supposed to talk to his guy, I told her she should have nipped most of this crud early on. And I'm thinking about replacing her for failure to get it done.
She called back, it was all good to go as contracted to.
We made friends with the couple across the street and when in the area stop and visit. They said he is a weird jerk. My wife is blessed with a green thumb, our yard was the most beautiful for blocks around with the shrubs, flowers and trees. When he sees us he hustles inside.
I hate buying and selling, it is impersonal and the agent you pay seems to be working for the buyer.
bushmaster1313
Member
I agree
A place should be in the same condition as shown to the buyers, less ordinary wear and tear, and the sellers would take everything that would not be picked up by a broom.
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You didn't walk out on a home purchase, you walked out on a house purchase. Only you and your family can make a home wherever that may be. Best of luck to you and yours!
vigil617
US Veteran
Whenever a legal contract is involved, you should always consult with an attorney before trying to void or back out of the contract.
Your real estate agent is not an attorney, and by law (and ethics) cannot give you legal advice.
I agree with you that the house was in atrocious condition. As a former real estate broker, I can say that I never saw anything like what you describe, and it would have sickened me as your agent or as the seller's agent.
Your real estate agent is not an attorney, and by law (and ethics) cannot give you legal advice.
I agree with you that the house was in atrocious condition. As a former real estate broker, I can say that I never saw anything like what you describe, and it would have sickened me as your agent or as the seller's agent.
Back in 1985 me and Mrs. Lakesider were looking for a summer camp on the big lake. We found an A frame close to the water and called the realtor; saw the place did a few offers back and forth and finely put money down to start the process moving.
Normally when camps are sold here they tend to come mostly furnished as most selling people just want to leave. Of course they will take some items. We (in writing) put down money and in the contract it was clearly stated what the owners were going to remove) No problem-RIGHT!
It had a dining room set and a couple weeks later the owner said he now wanted that set. Ok no problem we were not in love with it. Told him either replaces it better yet take a few bucks off the price and all is well. Owner had a serious attitude problem and in a meeting with him and the realtor said that’s the way it’s going to be (no replace, no money off). As I’m not a laid back person myself I also stood my ground. Ended up canceling the sale and told him to shove the furniture where the sun did not shine. At that point we went out camp shopping again.
You had to meet this owner to understand him he was a long time (retired) cab driver in NY City and he sure had an attitude that was rather interesting to say the least.
As for us it really worked in our best interests, we found another place across the lake from this one and bought it. We used it for a camp till 03 and at that point retired here.
As for the cab driver, he really wanted to sell and get out; the property did not sell for two more years. I just loved to drive by and if he was out blow the horn and give him a friendly wave.
Normally when camps are sold here they tend to come mostly furnished as most selling people just want to leave. Of course they will take some items. We (in writing) put down money and in the contract it was clearly stated what the owners were going to remove) No problem-RIGHT!
It had a dining room set and a couple weeks later the owner said he now wanted that set. Ok no problem we were not in love with it. Told him either replaces it better yet take a few bucks off the price and all is well. Owner had a serious attitude problem and in a meeting with him and the realtor said that’s the way it’s going to be (no replace, no money off). As I’m not a laid back person myself I also stood my ground. Ended up canceling the sale and told him to shove the furniture where the sun did not shine. At that point we went out camp shopping again.
You had to meet this owner to understand him he was a long time (retired) cab driver in NY City and he sure had an attitude that was rather interesting to say the least.
As for us it really worked in our best interests, we found another place across the lake from this one and bought it. We used it for a camp till 03 and at that point retired here.
As for the cab driver, he really wanted to sell and get out; the property did not sell for two more years.
I just loved to drive by and if he was out blow the horn and give him a friendly wave.
ChattanoogaPhil
Member
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I understand the disappointment.
On the other hand.... cleaning, paint and carpet... these type of things aren't wildly out of the ordinary to deal with when buying a home. And even if everything is in great condition most wives want to change it all anyway.
If you're walking away from your "dream home" then maybe it wasn't. But if it is... put a pencil to the cost of a couple cleaning ladies, carpet cleaning/replace and mud & paint, and see what can be worked out between buyer/seller. Maybe it will work out for the best.
Good luck.
On the other hand.... cleaning, paint and carpet... these type of things aren't wildly out of the ordinary to deal with when buying a home. And even if everything is in great condition most wives want to change it all anyway.
If you're walking away from your "dream home" then maybe it wasn't. But if it is... put a pencil to the cost of a couple cleaning ladies, carpet cleaning/replace and mud & paint, and see what can be worked out between buyer/seller. Maybe it will work out for the best.
Good luck.
Back in the day, sellers paid a commission to the listing broker and through MLS the listing office offered a split of that commission to any selling broker or agent. Since the listing agent had a contract with the seller, a fiduciary relationship was established and the agent was required to work for and work in the sellers best interests. As a sub agent to the listing agent, the selling agent therefore also had a fiduciary relationship to the seller.
Unfortunately, as a matter or reality, the selling agent worked with the buyer for anywhere from a day to a year or more and due to human nature would form a relationship with the buyer. Remembering that when the transaction began was not always easy for many agents especially when they may never have even met the seller until the closing.
Now residential real estate has evolved and you have buyers agents, sellers agents and dual agents much like was done in commercial real estate for years.
In this way, sellers agents work for the seller, buyers agents work for the buyer and dual agents are somewhere in the middle.
The one major thing I was taught when entering into any real estate contract or any contract for that matter is, "IF IT AIN'T IN WRITING IT AIN'T."
I would also never sell my house with only a $1,000 deposit. That hurts but is very easy to walk away from if the buyer has a change of heart. I always took at least a 5% or better yet a 10% deposit. Much harder to weasel out of a $10,000 or $20,000 deposit.
Unfortunately, as a matter or reality, the selling agent worked with the buyer for anywhere from a day to a year or more and due to human nature would form a relationship with the buyer. Remembering that when the transaction began was not always easy for many agents especially when they may never have even met the seller until the closing.
Now residential real estate has evolved and you have buyers agents, sellers agents and dual agents much like was done in commercial real estate for years.
In this way, sellers agents work for the seller, buyers agents work for the buyer and dual agents are somewhere in the middle.
The one major thing I was taught when entering into any real estate contract or any contract for that matter is, "IF IT AIN'T IN WRITING IT AIN'T."
I would also never sell my house with only a $1,000 deposit. That hurts but is very easy to walk away from if the buyer has a change of heart. I always took at least a 5% or better yet a 10% deposit. Much harder to weasel out of a $10,000 or $20,000 deposit.
BearBio
Member
Before I went back to school and earned my degrees in biology, I worked in the title insurance industry for 25 years in SoCal. Did everything from Federal land sales, new construction, subdivisions, foreclosures in size from mobile homes, whole shopping centers, the first multiplex in SoCal ($150,000,000 deal). I can count the number of ethical brokers and realtors on one hand (well, maybe both hands). Fact to remember, all they want is the commission! My wife is still in the escrow industry. I got out because I couldn't stand the backstabbing, false faces, and lying. (We DO have some friends who are realtors and lenders)
That being said:
1. Earnest money is a joke. In 30+ years, my wife says she has returned ONE earnest money deposit. Almost always, the realtors get their commission (BTW Buyers agent is working for the SELLER!, not the buyer). BOTH sides have to agree before money gets released.
2. What does the CONTRACT (escrow instructions) say? Are appliances included? If not, bye-bye dishwasher! Any mention of damages? What condition is the house to be delivered in? That's where a lawyer comes in? Remember, they can counter-sue for specific performance!
Most people are babes in the woods regarding real estate transactions. Twenty years later, people still call me for "advice".
Good luck. You're entitled to rave! May be not much else you can do
That being said:
1. Earnest money is a joke. In 30+ years, my wife says she has returned ONE earnest money deposit. Almost always, the realtors get their commission (BTW Buyers agent is working for the SELLER!, not the buyer). BOTH sides have to agree before money gets released.
2. What does the CONTRACT (escrow instructions) say? Are appliances included? If not, bye-bye dishwasher! Any mention of damages? What condition is the house to be delivered in? That's where a lawyer comes in? Remember, they can counter-sue for specific performance!
Most people are babes in the woods regarding real estate transactions. Twenty years later, people still call me for "advice".
Good luck. You're entitled to rave! May be not much else you can do
Some good comments and advice here, thank you. I could care less about losing money, there is NO WAY I could be comfortable living in that house now, it's worth a few thousand dollars to me to never see that place again.
If they want to sue me, I'm sure I'd be up to the challenge and rather enjoy dragging them along in court for as long as I possibly could, I almost wish I could encourage them.
I made a list to keep because we didn't take pictures, I'm sure I'll add to it once my wife gets home but for now it's all I have. Maybe I should have my agent sign it, just in case I need it down the road.
4-8-16 Set appointment for final walk-through1:30pm - closing at 3pm
1. Arrive at 1:30 pm - Appointment time of walk-though, 4 vehicles in driveway, people still moving stuff out.
2. 1:45pm Our RE agent shows up, talks with owner and says it's ok to do walk-through.
3. Enter through garage which is full of yard debris, leaves and other misc. garbage, (removed trim from ?)
4. Enter kitchen, open stove which is in filthy unusable condition, same with microwave oven, try to open dishwasher, it is
unhooked and appears to be different from the one we saw at viewing, not anchored to cabinets-inoperable, sink full of black
debris. Pantry has debris/garbage on floor. Refrigerator has awful odor and has not been cleaned inside. Kitchen was not in this
condition at time of offer.
5. Enter Family room, multiple wires and cables hanging from TV removal.
6. Going up to second floor, strong overwhelming odor of urine. Enter laundry room, light not working- cannot inspect room.
7. Enter master BR., damage to wall/drywall/paint from attached TV removal. Carpet filthy
8. Enter 4th BR., black spray paint on white lower trim near door, recessed light fixture missing, carpet filthy.
9. Most rooms have outlet or electrical box with no cover, no idea of what these were for, but leaves uncovered boxes in walls.
10. Leave 2nd floor due to urine smell, just glance in other rooms, all carpet is dirty, some misc debris/trash left in closets, and floors.
11. Enter detached garage, concrete now has multiple cracks and damage, large oil spot (5'x 12') covered with oil dry or cat litter,
bundles of shingles left in garage, skids of paver or landscaping bricks in garage. Garage was not in this condition at time of offer.
12. In ground basketball pole removed exposing 4 long studs sticking out of concrete.
If they want to sue me, I'm sure I'd be up to the challenge and rather enjoy dragging them along in court for as long as I possibly could, I almost wish I could encourage them.
I made a list to keep because we didn't take pictures, I'm sure I'll add to it once my wife gets home but for now it's all I have. Maybe I should have my agent sign it, just in case I need it down the road.
4-8-16 Set appointment for final walk-through1:30pm - closing at 3pm
1. Arrive at 1:30 pm - Appointment time of walk-though, 4 vehicles in driveway, people still moving stuff out.
2. 1:45pm Our RE agent shows up, talks with owner and says it's ok to do walk-through.
3. Enter through garage which is full of yard debris, leaves and other misc. garbage, (removed trim from ?)
4. Enter kitchen, open stove which is in filthy unusable condition, same with microwave oven, try to open dishwasher, it is
unhooked and appears to be different from the one we saw at viewing, not anchored to cabinets-inoperable, sink full of black
debris. Pantry has debris/garbage on floor. Refrigerator has awful odor and has not been cleaned inside. Kitchen was not in this
condition at time of offer.
5. Enter Family room, multiple wires and cables hanging from TV removal.
6. Going up to second floor, strong overwhelming odor of urine. Enter laundry room, light not working- cannot inspect room.
7. Enter master BR., damage to wall/drywall/paint from attached TV removal. Carpet filthy
8. Enter 4th BR., black spray paint on white lower trim near door, recessed light fixture missing, carpet filthy.
9. Most rooms have outlet or electrical box with no cover, no idea of what these were for, but leaves uncovered boxes in walls.
10. Leave 2nd floor due to urine smell, just glance in other rooms, all carpet is dirty, some misc debris/trash left in closets, and floors.
11. Enter detached garage, concrete now has multiple cracks and damage, large oil spot (5'x 12') covered with oil dry or cat litter,
bundles of shingles left in garage, skids of paver or landscaping bricks in garage. Garage was not in this condition at time of offer.
12. In ground basketball pole removed exposing 4 long studs sticking out of concrete.
And mind you: This home is over 2 hours from our current home, we are almost all packed up, gave away or donated furniture that would not go with the new house. I had the elect & gas changed over, homeowners ins. in place, movers reserved.
I wonder if I can sue, for breach of contract, mental anguish, pain and suffering.
Think I'll talk to a lawyer.
I wonder if I can sue, for breach of contract, mental anguish, pain and suffering.
Think I'll talk to a lawyer.
