Today is probably the single biggest financially impactful day in my life

AreaCode707

Lifer
Sep 21, 2001
18,445
131
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blog.anandtech.com, I know. I'm just fricking pumped.

Some friends and I entered into a real estate deal in 2007 to purchase a house together. Long story short, the developer had to subdivide the property, leaving him with three lots and us with one lot and a house/garage. We leased-to-purchase until the subdivision is done. High five figures down, $1k in rent per month applied to purchase, adds up to almost 6 figures by end of day. Turns out, the developer is an ass.

Aside from a hell of a lot of misrepresentation (such as: he never mentioned when we entered into the agreement that he didn't OWN the property yet but was just purchasing it, authorized us to move in at that point, and then we got kicked out by the actual owners so we were without a roof for about two weeks, little things like that) he failed to update us on progress unless we did the research ourselves and then pestered him for weeks for updates. The kicker was when the city told him he needed to take down 3/4s of the garage in order to get the subdivision finished... and he didn't really bother to tell us. "Something" was going to happen to the garage but he never mentioned what. All the while he continued to ignore the house (we paid for and performed our own repairs, he never paved the drive like he committed to contractually so we spent $400 and lay down rock) and make very little progress towards closing.

Anyway, long story short, everything expired, we moved out, and he refused to give us our money back. We've been involved for the last six months in an arbitration process (agreed resolution per the contract) and just now recieved the ruling in our favor - the garage reconstruction constitutes a substantial change to the property we agreed to purchase and the out clauses in our agreements apply. WOOHOO!!

I'll never make this much money in a day but I sure had it to lose... Feels REALLY good not to see several years' of savings walk out the door with nothing to show for it. That would have sucked donkey balls.

So OT, dinner's on me? :D

[update 8/5/09]

Hey hey, we got paid today!!!!
 

zebano

Diamond Member
Jun 15, 2005
4,042
0
0
I'll take some sashimi please. Congrats on getting your money back. How was the contract written up in the first place? This sounds like a case where a lawyer was worth every cent.
 

AreaCode707

Lifer
Sep 21, 2001
18,445
131
106
Originally posted by: zebano
I'll take some sashimi please. Congrats on getting your money back. How was the contract written up in the first place? This sounds like a case where a lawyer was worth every cent.

Yeah, we had a really kickass lawyer and they kinda cheaped out with their legal representation. Apparently it was kinda funny (lawyer recommended only two of our crew be present at the arbitration proceedings so I volunteered to not watch) because our lawyer was very articulate and presented arguments very well while their attorney was more like, "well, they're all lying so you should give us money." :confused:
 

ISAslot

Platinum Member
Jan 22, 2001
2,888
107
106
So did you actually get the money back, or did they only rule in your favor? I wouldn't celebrate until i actually had the money.
 

CoachB

Senior member
Aug 24, 2005
204
0
71
Glad you got a judgement in your favor...just hope the developer has some money to return to you!
 

AreaCode707

Lifer
Sep 21, 2001
18,445
131
106
Originally posted by: ISAslot
So did you actually get the money back, or did they only rule in your favor? I wouldn't celebrate until i actually had the money.

You're absolutely right on that. Haven't got the money in hand yet and there's always risk (and probably a lot of hassle) there. We do know that the developer has sold several properties in the last year and not re-invested it though, so he does have the cash. The question is whether he's been shuffling it between his corporate presence and personal presence to try to keep it unavailable. :(

But if the ruling had been bad we would be in much worse shape, so for today I will take what I've got.
 

Vette73

Lifer
Jul 5, 2000
21,503
9
0
Originally posted by: AreaCode707
Originally posted by: ISAslot
So did you actually get the money back, or did they only rule in your favor? I wouldn't celebrate until i actually had the money.

You're absolutely right on that. Haven't got the money in hand yet and there's always risk (and probably a lot of hassle) there. We do know that the developer has sold several properties in the last year and not re-invested it though, so he does have the cash. The question is whether he's been shuffling it between his corporate presence and personal presence to try to keep it unavailable. :(

But if the ruling had been bad we would be in much worse shape, so for today I will take what I've got.

If he is dumb enough to mix his personal assets and business assets then he pierced his corporate veil and you can go after anything he owns now.

Make sure you stay on top of it and file claims as soon as you legally can.
 

AreaCode707

Lifer
Sep 21, 2001
18,445
131
106
Originally posted by: Marlin1975
Originally posted by: AreaCode707
Originally posted by: ISAslot
So did you actually get the money back, or did they only rule in your favor? I wouldn't celebrate until i actually had the money.

You're absolutely right on that. Haven't got the money in hand yet and there's always risk (and probably a lot of hassle) there. We do know that the developer has sold several properties in the last year and not re-invested it though, so he does have the cash. The question is whether he's been shuffling it between his corporate presence and personal presence to try to keep it unavailable. :(

But if the ruling had been bad we would be in much worse shape, so for today I will take what I've got.

If he is dumb enough to mix his personal assets and business assets then he pierced his corporate veil and you can go after anything he owns now.

Make sure you stay on top of it and file claims as soon as you legally can.

Well, he sold us the property when the property was still in his corp's name (was one of our legal arguments, albeit a weak and easily dismissed one since he has sole ownership of the corp and could transfer the property without fuss) so I'm guessing he's already gone there.
 

Chronoshock

Diamond Member
Jul 6, 2004
4,860
1
81
It would only cost a few thousand to send all of the regulars of ATOT a fast food dinner. Get on it

Congrats on the ruling
 

Orsorum

Lifer
Dec 26, 2001
27,631
5
81
If he transferred funds out of his corporation in an attempt to defeat the pending judgment then it would be very easy to pierce the veil. Not to mention if he's personally listed as a co-defendant.

Congrats. :)

/Internet Lawyer
 

JS80

Lifer
Oct 24, 2005
26,271
7
81
Expect a lot of posts like this from RMBS investors in the stock thread in a few months.
 

JTsyo

Lifer
Nov 18, 2007
11,882
1,013
126
Originally posted by: AreaCode707
blog.amazon.com, I know. I'm just fricking pumped.

...

You misspelled Anandtech


So was this a house you were going to live in once it was done or an investment? Will the savings be going into a new house?
 

KeithTalent

Elite Member | Administrator | No Lifer
Administrator
Nov 30, 2005
50,231
118
116
Congrats! Hope you get your cash and soon!

:beer:

KT
 

rudder

Lifer
Nov 9, 2000
19,441
86
91
do you need my paypal? Hurry I am hungry here. $8 should do it... I am not greedy.
 

AreaCode707

Lifer
Sep 21, 2001
18,445
131
106
Originally posted by: JTsyo
Originally posted by: AreaCode707
blog.amazon.com, I know. I'm just fricking pumped.

...

You misspelled Anandtech


So was this a house you were going to live in once it was done or an investment? Will the savings be going into a new house?

LOL, clearly I'm ready to go shopping. :) Fixed, thanks!
 

RagingBITCH

Lifer
Sep 27, 2003
17,618
2
76
I guess I'm confused...your friends and you bought into a lot, put down close to 6 figures each. Now you finally won your out...so you're just getting your original money back then? I'd imagine after lawyer and court fees, the amount of actual profit you're getting out of this is marginal. Even then, that's if the developer pays it. Not to rain on your parade, but unless he has a ton of money laying around to pay you, you'll probably get stiffed. :p