HELP!!!! StevieD's Getting Screwed

[skulldog]

dawg- I wanted to tell steve that, but I would have come off as " oh it's his profession and that's why he should have used a broker, and in his case he didn't go the FOSBO, he had a buyer fall into his lap.

Lowell, he doesn't need to be brow beaten, plus he had a buyer and thought he was doing the right thing by hiring a re attorney.

I just got off the phone w/steve and his attorney never sent him a copy of the purchase and sale agreement(which his attorney said was never signed) and like he said he never received the escrow check. IMO he has a great case aganist his atty.

 

[dawgball]

Actually, this may be the perfect case for the flat-fee listing sites just to get the representation at closing by a professional since he didn't need the marketing provided by a good full-serivce RE agent because the buyer came to him.

Either way, Stevie, I really hate to hear about this. It sucks!

 

[Franky Wright]

Holy Crap Stevie D!!!

Holy Crap Stevie D!!!

From what I can ascertain, this Attorney of yours should be disbarred :cursin:

I have been a Broker for over 20+years, and the number one thing you ALWAYS do is get the parties SIGNATURES and DELIVER copies to ALL.

One more time: SIGNATURES/DELIVERY/ALL!!!

Ok, now that I stressed this enough, I think you have a pretty good idea how your attorney screwed up :scared

If you need more help, Im here.......get my email from Jack, and we can talk.....

Franky

P.S. Skulldog's comments are right on!!

 

[StevieD]

I want to thank everyone for the help. Especially Skulldog for taking time out of his day to advise me.

I am in the middle of moving now and I have to break down the computer. I should be up and running tomorrow.

New news on my problem. The buyer called me today and made an offer, lower than the one we agreed too. I don't know what is going on here but as soon as I find out I will let you know.

Tom, I will give you another call.

Steve

 

[SixFive]

I feel for you, stevie. Hope this works out.

 

[Franky Wright]

SD,
It could be they really want the house, just they can not afford it...... So they offer you a lower price that the bank has said they can afford.

Also, last night I was thinking more about this.....did an appraiser(ordered by the bank on behalf of the buyers) come out and look at your home?

I you want to fax the contract/s to me, I will give you some adviice...........get info from Jack as I dont think I can post #'s here?

GL
Franky

 

[loungelizard]

Skulldog, Franky, as fellow Realtors, do you guys ever write a contract without getting escrow money? my broker would have a cow. Stevie D, ask your buyer if he received a letter from the bank, explaining why they declined to loan the money, he should have that or should be able to get it, in other words get as much info on paper as you can, especially if considering legal action against your attorney, make very sure everything is dated little details mean everything, that's why there is so damn much paper work in this job.

Best of luck to ya!

ll

 

[StevieD]

Thanks for the interest to everybody. We moved into the apartment on Saturday. A lot of problems here but that is another story.

Just an update. Friday, I talked with my attorneys partner. But he said he had another buyer for me if I was interested before I give the house to a Realtor. I talked to the guy on Friday and he wanted to look at the house. I was at work and my wife was waiting for Comcast, who can't keep a 4 hour window. The new guy said he was going away for the weekend but wants to see the house Monday or Tuesday.
So, that is where it stands. I am looking into filing a complaint against my attory as Skulldog and other on here have suggested.
In the meantime I guess I will see what this new proposed buyer has to say. I will not sell the house to him or the forst buyer for less than the agreed price.

 

[skulldog]

steve don't make the same mistake twice!! Your attorney screwed you once and now he has a buyer for you!!! Hire the broker you told me about with a clause if they buyer who was refered to you buys it, then his commission is slightly discounted w/the broker HANDLING all the paperwork, ESCROW CHECKS, etc. YOU NEED TO TEACH THAT ATTORNEY A LESSON AND FILE A 93A before you cool off.GL

 

[Franky Wright]

Stevie,

You still haven't answered my quesition, Did an appraiser come thru your house?

Lounge L; You are right on, only thing is, sometimes the money comes after a week, 5 days, etc. as you probably already know. And some brokers are not very good at follow up, so a week becomes two, which becomes four . So Iam wondering if thats what happened here? Hard to say with out seeing the contract?

Why not put the house on a FSBO.com right away and see what happens? You will know in two weeks wether it will sell or not(this is a generalization I know). Move forward on other plans, dont wait for this "one buyer" to make everything Ok........this usually does not materialize :sadwave:
GL
Franky

 

[StevieD]

Franky, yes an appraiser for the buyer came thru the house. To be honest it was very fast and he didn't ask any questions but he came thru. The buyer had the financing but had buyers remorse and backed out. He never sent in the earnest money and never signed any paperwork.
Skulldog, another good suggestion. We met with the buyer the lawyer sent over. He has not made an offer.

 

[Franky Wright]

Stevie,
You mentioned the buyers got cold feet and backed out........why would they write another(albeit, lower) offer?
I dont know guys, but this whole thing smells fishy?

If the appraiser came thru, then he definetly signed a loan application......around here, the lenders take an application fee to cover at least the amount of the appraisal fee and credit report.

This sounds like there is alot more to it than what you have been told :scared

Let us know more when you find out.....

GL
Franky

 

[StevieD]

Franky, yes an appraiser came to the house for the buyer.
I am giving the sale of the house over to a real estate tomorrow night. They had all ready appraised it, before we thought we had it sold, as a favor to us.
Sorry I have been too tired to come on much between work and moving. We moved ourselves. Another mistake! But we didn't do to bad.

 

[Franky Wright]

Good for you Stevie..............
Let a professional take care of this.........Im not going to get into the why you should vs. should not use a Real Estate Agent. Remember there are good and bad agents, attorneys, brokers, carpenters, deliverymen, executives, foremen,......ok, you all get the idea!
Moral of the story all, dont listen to all the stories about how easy it is to sell your house. If you have any doubts at all, enlist a reputable agent. Now then, how to go about finding one is a whole different thread
I think the majority of your problems are behind you, but I would not let that attorney off the hook :clap:

GL buddy,
Franky

 

[lowell]

you might want to list the home with a realtor but exclude the first buyer from the listing contract.if you ask jack for my email i will find you a good realtor[i am with a national company but won't ask for a referral fee].you also might want to take equity out for your daughter's college and then rent the home for a year[if your local market is down]. i would love to help you so youu can concentrate on those great picks and not this mess.once again feel free to email me. as a realtor i won't give legal advice but i can help with any real estate advice. august was my best month in 20 years of selling homes.take care