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Updated almost 3 years ago,

User Stats

25
Posts
15
Votes
James Moore
15
Votes |
25
Posts

Advise on a legal situation

James Moore
Posted

We posted our house for sale last year and finally had a potential buyer in October of 2021. I moved my family to Colorado after our realtor told us she had seen the pre-approval letter from the buyers lender. Shortly after moving, the buyer asked for an early access agreement and offered to cover the mortgage while waiting for the buying process to come to a close. We agreed to the early access agreement and the buyer moved in even after we had asked that they do not move in until after the carpet was replaced. We did not fight this since we where so close to selling. We then found out about a month later that the buyer did not in fact have proof of funding and stated she needed 4 more months of income due to being self employed. We agreed to give her more time. Durring her second month in the house we find out (from our realtor) that the buyer has fired her realtor and now the buyer will not answer her phone. She even stopped paying rent. We started the eviction process (her lease stated a payment not received within 5 days of due date would be an automatic forfeiture of the contract). The buyer found an attorney who backed her story with no proof (we just found out on the day i am writing this post that there was no proof). At the time, we believed the attorney so we stopped the eviction process and the buyer started making payments again. 2 weeks ago we found out that by her own admission that she never had a pre-approval, had never even tried to get financing, was in no way financially capable and doesn't even have a credit score high enough to get a pre-approval (according to a credit counselor my realtor referredthe buyer to). My realtor decided to run a background check on our tenant (something we thought she had already done) and found a long rap sheet. I know the criminal record doesn't mean anything but my question is, what legal options do I have? We are going to report both realtors to the North Dakota bar but do I have grounds to take both of them to court in a lawsuit?

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