Walked out of home purchase at closing rant

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.
 
Rastoff said:
No, I believe the law requires livable condition for standard health and safety. Urine soaked carpets doesn't meet that standard.
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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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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.
 
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.:mad:

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.:D I just loved to drive by and if he was out blow the horn and give him a friendly wave.
 
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. :D

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. ;)
 
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
 
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.
 
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.
 
allthumbs said:
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.
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Grasshopper
Wise person say:

Contract good
But only as good as person you contract with
 
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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 . . .
 
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allthumbs said:
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.
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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.
 
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.
 
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.
 
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. ;) :D

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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(BTW Buyers agent is working for the SELLER!, not the buyer)
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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.
 
JSR III said:
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.
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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.
 
allthumbs said:
WOW ! Went to do our final walk through on our new home purchase yesterday, and I have never ! WT supposed to be at 1:30pm , people still moving stuff out and house was filthy and I mean NASTY filthy. This is a $350,000.00 house and was supposed to be our dream/final home, it is 4 1/2 years old and from when we looked at it 2 months a go until yesterday I don't think they cleaned, vacuumed maintained the house in any manor, the house stunk like urine, dishwasher was switched out and not anchored into cabinets, oven was caked up with nasty food around the sides, door and bottom, garbage on the floors, dry wall ripped out where they removed the flat screen TV's, empty utility boxes in every room with no cover on them and I have no idea of what they were even there for, no wiring into them, they were like light or a outlet switch box but a little bigger. OK I could type all day about my anger but I'll stop. Thanks for listening or rather reading.
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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.
 
David Lee Valdina said:
It makes sense to have hired a lawyer to represent you at all stages of the transaction.
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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.
 
Rastoff said:
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.
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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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Dual Agency - NOT your friend

allthumbs said:
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.


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.
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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.
 
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