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Updated almost 9 years ago,

User Stats

20
Posts
6
Votes
Mark Burik
  • Real Estate Investor
  • Hermosa Beach, CA
6
Votes |
20
Posts

Nightmare in St. Petersburg. Seller wants to sue.

Mark Burik
  • Real Estate Investor
  • Hermosa Beach, CA
Posted

I've been busting my hump trying to get my first deal. I put the earnest down on one but after inspections found it would cost an extra 40k so I pulled out. Now I've got a golden egg. Buying a great condition house for under market value from a seller who was motivated. Everything is signed, inspections are done and I even thought about moving the closing date up so I could start cash flowing sooner. Yesterday the seller went looney tune and wants to pull out and is threatening a law suit with the selling agent for predatory practices.  The following is an email she sent to the agency. She also had the email of my private hard lender because it was in the proof of funds and emailed him telling him to release any interest he had in the property or the loan because the property was about to be tied up in a law suit!!!! This is a nightmare.

"Mrs. (Broker),

I was referred to you by (buyer agent) from your office concerning my extreme dissatisfaction with the service ... offered to me in the above mentioned property.

I never solicited the services of (seller agent) to sell. I met her again open house in a completely different part of town and vaguely expressed interest in selling my cottage.

I never contacted her but found several notes from her in my mailbox with her card on it. she said she had a buyer for me.

After several notes I finally called her back. She reiterated that she had a cash buyer. I thought she would be representing the buyer but the deal was that she was going to represent me and (buyer agent) was going to represent her volleyball star friend/real estate investor.

(Seller agent) told me it was an all cash deal, sight unseen. I felt a little skeptical but accepted an offer of 80 thousand dollars cash.

The day after I accepted the offer my daughter had another medical event, this time she was bleeding internally. The update from the physician was not encouraging.

Overwhelmed, I called (seller agent) crying explaining my new situation which was that I could no longer leave st Pete as planned and asked her if the buyer, an investor from out of town, would reconsider.

She told me that I could not get out of that contract because I could get sued and that we had to proceed with the inspection that Friday.

My long conversation with (buyer agent) tonight indicated that she never even passed on that information to her, the buyer and his team were under the impression that they were helping me by buying my house.

I don't want to get into all of the details of the deceptive methods that (seller agent) used to hook me into this deal starting with painting (buyer agent) as someone who is heartless and/or does not answer her phone,

It will be for a judge to decide what your agency owes me for emotional distress and deceptive tactics.

You may find some details on the Internet at some point as well.

I will never do business with (Agency) again and your superiors will explain to you where the failures occurred in time. You will have a better idea after your long meeting with (buyer agent) tomorrow. I had to pick up the phone to represent myself to her in this transaction and I cannot find fault in her actions considering my agent never conveyed critical information to her.

There are rarely consequences for people who care only about their own interests at the detriment of their clients and coworkers but once in a while someone will expose them.

I am seeking legal counsel in this matter and it would be in the best interest of all involved to cancel this contract.

Do govern yourself accordingly,

(Seller)

Should I just walk away at this point? Its a great deal, no work other than some tiling and will cash flow really well. But what if she decides to squat or I sit here battling over the property while having to pay back my lender.

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