Buyer is lying to her Real Estate Attorney giving her false info.

Buyer is lying to her Real Estate Attorney giving her false info.

Member since 2020 · 34 posts · 0 votes

Hello Everyone, Thank you so much for your advice! We appreciate your time and attention. So both parties seller and buyer have a Real Estate Lawyer now. Lie #1. The buyer lied to her attorney and said my mom had a high outstanding property tax due. That is a big lie the Mobile Home property taxes are paid and are up to date to June 30th, 2020. After that date the Buyer needed to pay as she would be living in that property. On May 26th, 2020 the buyer and seller presented themselves there and the County of Fresno Tax Collector said that because the sale was on May 20, 2020 the buyer needed to pay the upfront Tax fees of $560 for $40,000 of the purchase (It will count from (June 2020-to Dec 2020) the buyer said she will go back to pay that money, because the buyer will be living in the property during that time from June to Dec 2020. They moved in until June 10th 2020 because they were waiting on the mobile home Park Manager for their background check to be approved and cleared. They had passed their credit check and their income was approved to live there on May 21st, 2020 before their closing date. Lie #2. Another lie she said to The Attorney that we didn’t give her any of these documents which is not true. We gave her The Real Estate Transfer Disclosure Statement, Statement of Facts-Smoke Detector, the only document the seller accidentally missed to give out to the buyer was the Natural Hazard Disclosure Statement. Lie # 3. She’s also saying that Mobile Home has an un-permitted addition this extra room is a covered porch turn into storage space which is allowed. And that why she paid extra money for that un permitted room lie. We had asked the previous manager of the mobile park years ago if we can do this and she said yes. Lie #4. We asked the buyer if she wanted a gentleman to stay there’s to rent one of her rooms and she said yes. Now she’s saying we requested that this stranger to remain in her mobile home she was free to choose so we can let him know to move out. We asked her is she wanted him to move out? and she said No because he would use him to help her pay the Mobile Home Park rent. Lie #5
The Closing date was before May 22nd, 2020. She said the seller failed to deliver the property to the buyer. The seller wasn’t at fault The buyer could not move into the Mobile Home Park until her credit check, income was checked and approved. They moved in until June 10th 2020 because they were waiting on the mobile home Park Manager for their background check to be approved and cleared. They had passed their credit check and their income was approved to live there on May 21st, 2020 before their closing date. The background check was approved until June 8th 2020. My mom has asked her on May 20, 2020 when she wanted the seller to move out but she said for her to stay until the background check was approved so the mobile home Park Manager said my mom has to pay the Rent for June 1st, 2020. The mobile home Park Manager said the buyer can refund my mom the money on June 2020 right after she moves in. The keys were given to her on June 9th, 2020 and she moved in on June 10th, 2020. I feel like she’s making stuff up and lying to her attorney to cancel due to Breach of Contract and to obtain the reimbursement of $35,000 no later than July 10th, 2020. Please help us to be at Peace. Does this Buyer have a case on your experiences? I knew for sure she’s lying. Any advice on what documents we should have in hand for this case. My mom is 67 yrs old she doesn’t want any problems and she doesn’t want to go to court she wants Peace.

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San Antonio, TX · Member since 2009 · 3k+ posts · 1k+ votes
6y

@Elizabeth Hernandez I wouldn't worry about it if you have all your paperwork in order. Just don't talk to the buyer or the buyer's attorney. Have them do the work to bring this to court. Then it will come up at the court hearing which will be up to the judge to decide. Also, with COVID-19 most courts are not open to the public right now and not hearing "non-essential" cases which this one most likely falls under. Good luck! 

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    Does you mom have an attorney that helped her with the closing or a realtor? Have one of them step in, that is what they got paid for-to make sure the i's were dotted and t's were crossed. Option 1: the buyer can get out of the deal and lose her deposit.  Option 2, your mom can threaten to counter sue for damages including lawyer's fees.

  • Member since 2020 · 34 posts · 0 votes
    6y

    Yes we have a Real Estate Attorney but won’t be able to talk to him until Monday. Thank you for your advice! 

  • Member since 2020 · 34 posts · 0 votes
    6y

    We didn’t use escrow, realtor or attorney at the time of sale, contract and closing. 

    Hopefully we have a good case because everything she said it’s made up. 

  • San Antonio, TX · Member since 2009 · 3k+ posts · 1k+ votes
    6y

    @Elizabeth Hernandez I wouldn't worry about it if you have all your paperwork in order. Just don't talk to the buyer or the buyer's attorney. Have them do the work to bring this to court. Then it will come up at the court hearing which will be up to the judge to decide. Also, with COVID-19 most courts are not open to the public right now and not hearing "non-essential" cases which this one most likely falls under. Good luck! 

  • Member since 2020 · 34 posts · 0 votes
    6y

    Thank you so much! Rachel H for your advice and comforting words. 

  • Member since 2020 · 34 posts · 0 votes
    6y

    Attention Rachel H or anyone that can help us please.

    Covered Porch doesn't have permit does it affect Sale Contract?

    Sold AS IS in California Sale May 20th, 20 Closing date May 22nd 20. Inspectors went to inspect Mobile Home after June 29, 2020 more than 45 days after closing date

    Good Afternoon, On May 20th, 2020 they buyer signed the contract to buy AS IS no warranties. my mom in California sold a mobile home AS IS condition contract in May 20th, 2020, Closing date May 22nd 2020. The buyers were told that it had a covered porch they saw the porch and they inspect it themselves. This covered porch has no permit because 13 yrs ago we asked the previous park manager if we can cover this porch and she said yes but to use it as a storage. This covered porch has 3 walls and a ceiling and it's detachable. I ask the previous park manager if we needed a permit but she said no because it was a covered porch. Now after more than 17 days after the closing date the buyers got 2 inspectors one saying that there are termites in the mobile home the other one saying that the covered porch extra room doesn't have a permit and is not up to code. What can we do to fix this issue how can we defend ourselves. The Mobile Home was sold AS IS and the buyer was asked in person and by text message many times if she wanted to buy the mobile home AS IS and she said Yes, verified and reconfirmed many times. Please give us advice how to defend ourselves? and about how the inspection is too late to be valid? Will my mom be able to win this case?

  • San Antonio, TX · Member since 2009 · 3k+ posts · 1k+ votes
    6y

    @Elizabeth Hernandez If the home was sold "as is" and it's reflected in the contract, then there's nothing more else to say. If the sale has already taken place and the buyer is harassing you and your mom, it's best not to respond. If the buyer wants to take this to court, let them do the work to do it. At this point, it's best to get all the paperwork ready just in case this goes to court. Also, document what the park manager told you and what the buyer has been telling you as well. You may also want to consult with a real estate attorney regarding the situation in order to create a relationship before anything else happens. Hope that helps! 

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    I agree with Rachel.  it was sold as is and it closed weeks ago.  The time to question things was before closing; however, the as is clause means just that.  If all the money has changed hands and things are done, stop replying to her or have her contact your lawyer.

  • Member since 2020 · 34 posts · 0 votes
    6y

    Just wanted to update everyone on this case and I have a few questions as well. The buyer is lying to her Attorney she said the Mobile Home sold has 1 full bathroom, 2 bedrooms. It a lie, false information. The mobile home sold has 2 full bathrooms, 2 bedrooms. Well my mom (Seller) made an Settlement offer and we’re still waiting for their response. It’s taking them for ever to answer. And my mom’s Real Estate Attorney has not contact their Attorney anymore but they are taking for ever to respond. We wanted my mom’s Attorney to send proof that’s is a 2 full bathroom, 2 bedrooms to fix that’s false information that the buyer told her Attorney. As she’s starting to believe that her client is deceiving her. Any advice? How long does the settlement process take? Since they haven’t accepted the offer. Thanks 

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    6y

    @Elizabeth Hernandez this has not sold and closed by now?  " how long does the settlement process take since they haven't accepted the offer"   Before you let her move in the settlement should have taken place. If you let her move in your problem is larger you need to be handling it with the lawyer. 

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    6y

    Assuming this has closed, stop responding to anything. You don't have to defend yourself in text messages.... and most likely shouldn't. The only person you should talk to is your attorney. The buyer has to bring suit to you. The place to defend yourself is court. Dont proactively defend yourself, there is no reason. The buyer can lie all they want, let them, just looks better for you if it goes to court.

    Now if you still hold title and they haven't paid for it, thats a completely different animal. 

    good luck!

  • Member since 2020 · 34 posts · 0 votes
    6y

    It has been Sold and Closed since this dates: They did accepted the price offer of $40,000 but only paid $35,000 on May 20, 2020 they still owe my mom $5,000 (which they were going to give in monthly payments) and bought it AS IS Conditions since this dates: The Sale Date was May 20, 2020, The Closing Date was May 22nd, 2020 but because they hadn't pass the background check Date they moved in was June 10th, 2020 because of the Mobile Home Park Manager. I'm talking about a different kind of offer that my mom's (seller) Real Estate Attorney offered them a Settlement Offer Agreement Out of Court for my mom the seller that she was going to forgive them $5,000 that the buyers still owe my mom if all this thing just ends, but they rejected the settlement offer before it goes to court. So were just waiting if they are going to sue in Court, because on my mom part she doesn't want to sue them which she could do but she just wants this to end because she's a Senior 68 yrs old and she just wants peace. Both parties have Attorneys we don't have any contact with buyers or their Attorney. The buyers (Lady and daughter bought the home behind the Lady's husband back because of psychological abuse, mental and verbal abuse she was going to separate from him and divorce him, but almost a month after the SALE he convince her to go back after she had spend the Money behind his back and after he find out that's when she wanted her money back and for my mom to take back the mobile home, like if it was that easy.

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