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buying my first home...argggg!

C

casper114

Senior member
Gaaa! This is just crazy guys and gals... I'm buying a home and I have the lady under contract.... so she calls my realtor yesterday and tells him she's not selling and that we can take the money I have already spent and shove it. Well.... I guess she didn't think that I would actually sue her but I will. Any suggestions as to what I can do to make the process easier on me? Any lawyers out there? I havn't started the process of sueing her yet but I guess i'm going to have too....ugh! Any advice?
 
The way I understand it, once she signs she's obligated to sell and will have to pay you recompense if she backs out.

Sucks. I think that's a fear most people have when buying a house.
 
Originally posted by: SagaLore
What does your real estate agent have to say about it?
Click to expand...

My real estate agent is pissed, He had me go over there and show here the part of the contract that says that we can sue. He has an attorney that he recommended me to.... but how long will it take to get the house through the court? any ideas?
 
you can't sue unless you have written documentation stating that she was going to sell to you. i take it that you're gonna take it to a small claims court depending on how much you're gonna sue. (i'm guess you're suing over service fees you incurred when inspecting or lawyer fees and what not)

does the contract state that she just wants to sell the house, or she's going to sell to you specifically?

i had this type of experience before, and in your case, it'll be a lost cause.
 
Originally posted by: HeroOfPellinor
The way I understand it, once she signs she's obligated to sell and will have to pay you recompense if she backs out.

Sucks. I think that's a fear most people have when buying a house.
Click to expand...


Do you think that she can really back out and just pay me back what I have spent? Or do you think I can get the house?
 
Originally posted by: chowmein
you can't sue unless you have written documentation stating that she was going to sell to you. i take it that you're gonna take it to a small claims court depending on how much you're gonna sue. (i'm guess you're suing over service fees you incurred when inspecting or lawyer fees and what not)

does the contract state that she just wants to sell the house, or she's going to sell to you specifically?

i had this type of experience before, and in your case, it'll be a lost cause.
Click to expand...


She is under contract to sell to me! It says in the contract that I can sue her! I am going to sue her for the house and what I spent.. not just for what I spent
 
oops edit:

well in that case then you should be fine. but she probably doesn't have to sell the house to you. you can sue for breach of contract.
 
Originally posted by: casper114
Originally posted by: SagaLore
What does your real estate agent have to say about it?
Click to expand...

My real estate agent is pissed, He had me go over there and show here the part of the contract that says that we can sue. He has an attorney that he recommended me to.... but how long will it take to get the house through the court? any ideas?
Click to expand...

I don't think you will be able to get the house awarded to you, you will just be getting back costs you incurred for inspections, earnest money, legal fees and the like, and maybe "damages."
 
Originally posted by: casper114
Originally posted by: SagaLore
What does your real estate agent have to say about it?
Click to expand...

My real estate agent is pissed, He had me go over there and show here the part of the contract that says that we can sue. He has an attorney that he recommended me to.... but how long will it take to get the house through the court? any ideas?
Click to expand...

Normally a letter from a lawyer should do the trick, be sure to highlight the part about the losing party paying all court cost and your lawyer fees.

Tom

 
Originally posted by: Zombie
Why is your agent asking you to do the leg work?
Click to expand...


He isn't allowed to go over there like that... I guess if when we go to court and the wrong person found out about it we would get in trouble
 
Originally posted by: casper114
Originally posted by: chowmein
you can't sue unless you have written documentation stating that she was going to sell to you. i take it that you're gonna take it to a small claims court depending on how much you're gonna sue. (i'm guess you're suing over service fees you incurred when inspecting or lawyer fees and what not)

does the contract state that she just wants to sell the house, or she's going to sell to you specifically?

i had this type of experience before, and in your case, it'll be a lost cause.
Click to expand...


She is under contract to sell to me! It says in the contract that I can sue her! I am going to sue her for the house and what I spent.. not just for what I spent
Click to expand...

Why should you be able to sue for the house?
 
Originally posted by: nakedfrog
Originally posted by: casper114
Originally posted by: chowmein
you can't sue unless you have written documentation stating that she was going to sell to you. i take it that you're gonna take it to a small claims court depending on how much you're gonna sue. (i'm guess you're suing over service fees you incurred when inspecting or lawyer fees and what not)

does the contract state that she just wants to sell the house, or she's going to sell to you specifically?

i had this type of experience before, and in your case, it'll be a lost cause.
Click to expand...


She is under contract to sell to me! It says in the contract that I can sue her! I am going to sue her for the house and what I spent.. not just for what I spent
Click to expand...

Why should you be able to sue for the house?
Click to expand...


Specific performance of selling is how it's worded in the contract
 
Originally posted by: casper114
Originally posted by: HeroOfPellinor
The way I understand it, once she signs she's obligated to sell and will have to pay you recompense if she backs out.

Sucks. I think that's a fear most people have when buying a house.
Click to expand...


Do you think that she can really back out and just pay me back what I have spent? Or do you think I can get the house?
Click to expand...

I don't think you can still get the house. 🙁 But I believe she'll be forced to pay you something. Ask your agent. I recall mine mentioning something about $5,000. I was kinda paranoid about the same thing since it took us six months to find a house.
 
Go all out on this. Figure out your total loss so far from all of the house fees/inspections, taxes, factor in lost work time, lost time from any relatives/family that helped you look at ther house, gas to drive there, inspections, ink costs for printing, faxing costs, basically anything you can possibly think of. Max out your total "damage", then let her know what her cost might be from backing out (any acutal damage paid will end up being lower, you are just trying to make a big number for shock and awe). She might scare and still sell you the house without a further fight.
 
My opinion is that people see that you are young and that it's your first time buying so they think they can screw with you. Once you let them know you are serious and know your rights, they back down...at least that's how it worked for me.
 
Don't ask the internet for advice, contact a good lawyer (probably preferably a real estate one) immediately.
 
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