(Closed) Home Buying – Legal Question – Please help!! (LONG)

posted 6 years ago in Home
Post # 4
Member
3969 posts
Honey bee
  • Wedding: September 2014

@NYBride_421:  I am not a lawyer, and I Have not bought a house, but I would think if they did not receive the downpayment, they are free to sell to other people. If they did receive your payment, then I would see there being a problem.

Post # 5
Member
3886 posts
Honey bee
  • Wedding: September 2011

Did you send by certified mail or signature delivery? Unless they’ve cashed your deposit check, you need something to show when the signed contract was received. If your lawyer did the mailing and didn’t send with delivery confirmation, you might be able to seek a small amount of damages there, because that’s negligent and a lawyer is expected to know better, but without proof of contract being received, you will have a very hard time pressing the seller to honor the contract.

Post # 6
Member
1137 posts
Bumble bee
  • Wedding: September 2010

I am a realtor, and unfortunately, there is no recourse in this situation. A purchase agreement is not binding until the seller signs the contract acknowledging that they accept your offer and a copy of the PA (signed by both parties) is delivered to you.

Sorry to be the barer of bad news.  While it is unethical what the seller and his realtor did, it is not illegal.

 

Post # 9
Member
10563 posts
Sugar Beekeeper
  • Wedding: January 2011

I hope things work out for you!

Post # 10
Member
1137 posts
Bumble bee
  • Wedding: September 2010

@NYBride_421:  Do you have a copy of the purchase agreemen with both signatures? Until the signed agreement by both parties is delivered back to you, it is non-binding. They could sign every PA that comes through the door, but until both parties have a copy of the signed PA, it is not recognized.

If you have a copy with both signatures, the most you will be able to do is take them to small-claimes to recoup the costs you have paid for the transaction so far. I would also call the state’s board of realtors and file a claim against their agent. 

Post # 11
Member
5670 posts
Bee Keeper
  • Wedding: August 2010

The issue is the fact that the buyer never received your signed contract and deposit. I wonder if there was a deadline with the contract in which you were required to sign and return with the deposit. If they never heard from you then they were allowed to put it back on the market.

You need to prove that it was indeed sent and received. “Our lawyer mailed the signed contracts and check to sellers lawyer on Monday, Aug 5th.” Please check with you lawyer and see which mailing method was used. There should be a tracking number and someone should have had to sign for it.

If the lawyer never sent the paperwork or did not send it by the required deadline, then unfortunately there is no recourse with the seller.

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