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Updated about 10 years ago on . Most recent reply

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Ryan Dossey
  • Real Estate Broker
  • Indianapolis, IN
2,426
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Would you take them to small claims or eat your loss?

Ryan Dossey
  • Real Estate Broker
  • Indianapolis, IN
Posted

We have been going back and forth with a family on 3 homes in an estate since August of 14. We bought two of the homes and have been working on the third one. Third one is occupied by the sister who has been there for over 2 decades without paying a dime. She is a partial heir to the property and due to the amount of time she has been there she has squatters rights. 

The issue: The executor of the estate called me from the closing table refusing to sign because she had 4k in back taxes/county fines. She said she thought our offer included that even though it doesn't. I needed it to close and told her we would pay the taxes under the agreement that they would accept our offer and remove the sister prior to close. She said okay great. ( I didn't get anything in writing). 

Just got a call from the attorney working with the estate saying the executor received an offer equal to ours but with them agreeing to remove the "squatter". He basically presented it as a they don't know what to do. 

I definitely feel taken advantage of. It would be more the point not the $ value. The attorney is supposed to talk to his clients (the executor) and give me a call later today.

Most Popular Reply

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Guy Gimenez
  • Investor
  • Corpus Christi, TX
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Guy Gimenez
  • Investor
  • Corpus Christi, TX
Replied

@Ryan Dossey

There is a reason for having everything in writing....because you can't go to court and tell the judge, "but she said....".  

You didn't get taken advantage of...you allowed yourself to be taken by not doing what you and every investor already knows....if it ain't in writing, it doesn't exist. 

When things are in writing, you can push back. When they're not, you're simply along for the ride. 

And 2 out of 3 ain't bad Ryan.

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