All Forum Posts by: Amanda Long

I’m not aware of any other contracts except between us and that company and the company to realtor. Realtor terminated her contract with the company and our closing date passed 2/29/24 without any notices, no payments, no escrow was opened (no end buyer was found to close in time) 

The lawyer said a new contract would take place of original when end buyer was found. Is the only additional contract clause written in. 

They did try to tell me they can extend every week, every time I blocked access to the home. Which they verbally told me I would know ahead of time when people would be coming to the property, I could pick the showing times. I had 1 realtor show up that I was not aware of her coming and politely asked her to reschedule with the company (we was leaving for a Christmas gathering). Company texted and said they notified the wrong person. Then after I said I did not want to extend closing he told me they can just keep extending and extending due to me blocking access and being so overly rude. 🤔They was verbally telling me things they knew would breech the contract, knowing the contract stated otherwise. It stated I would have received a notice if any wrongdoing occurred and would have 3 days to correct it. I never received any notices of any kind. 

Yes they have wasted a lot of time, and money. But they aren’t at fault 🤦‍♀️ they done no wrong 🤦‍♀️ 

The day after the contract was signed we knew we screwed up. Lesson learned. I don’t see how any of that is legal just cause. I mean wow! This is only a sliver of the pie I have dealt with sense this all started! 

That company signed on our-behalf during the contract. Which the listing was terminated. 
If I would get a different realtor I would have to pay both. Apparently the contract the company signed on our wonderful behalf if the property is sold within 180 she still gets paid. 
I’m fine with using the same realtor as she is local to me (not the company they googled to find her) I’d rather not have to pay double the commission after having to deal with all this craziness. If that makes sense. 

Needless to say they lied to us, was lying to the realtor. Realtor has complaint against her.

And according to that company I’m 100% the problem. 🤷‍♀️ 

Lawyers I have spoken with. Yeah I wouldn’t believe a word if they had there lawyer contact me! It’s been nothing but deceive and lies! 
Lawyers both said let the clock run cause it was the beginning of February. And that is what we did. The realtor they hired that is local said they are complete scum! 

The contract had that Assign clause (they stated that allowed them to list the property on the MLS).

The only clause they have in there to keep extending is based on open of escrow- which never happened. No end buyer to open it. 

A offer came in on the property. That end buyer would not of closed prior to my closing date. So the offer was not accepted. I refused to extend. 
He put in a written complaint stating that he never received any response to his offer, was told the property was listed with a company, the seller wouldn’t know anything about the offer. The company never had legal grounds to have the property on the market. He wants a response to his offer. Is what the complaint was. 

From my understanding the lawyer said no payment for property, no escrow open the contract voids and we are free to Re-list.

Now with that complaint according to the realtor the property still can not be re-listed till the complaint clears. 

That company didn’t sign one of the documents the realtor needed 2 days after the contract expired still tried to tell the realtor we was still in contract but would not give her any straight answers as to how. 

I mean this has been the biggest mess of all time! I could write you a chapter book if I told the whole story from beginning to now! It’s insane! 

I just don’t understand how I am the bad one, and feel like I’m just hanging. 

I’ve never dealt with anything ever like this and honestly I don’t know what to even do, next. 

So much happened I was trying to not write out the whole mess. I’m in WV. 
They said they could list it with an agent due to the assignment clause? 
I have tried researching the assignment clause but not finding what is and not allowed. 

Lesson learned for sure. 

Just trying to figure out this next step. The complaint that was filed, realtor said we now have to wait for it to be cleared to re-list the house. 

Was in a purchase agreement with a “wholesale company” from CO. They marked X optional for EM. Closing date was 2/29/2024.
company said end buyer would put down EM and escrow would then open. 

Figured out after signing the agreement the “agreed on” was nothing of the sorts. They were ONLY going to sell the “contract”. 

Everything verbal was to get me to sign there hidden intentions contract and to as time went - purposely break the contract allowing me to believe I could pick the availably showing times when in the “contract” said home has to be available. 

Needless to say it’s been an absolute nightmare. Big lesson. That will never be repeated. 

Lawyers said them not being transparent and listening the properties on the market for FMV without us agreeing to all the pricing differences.

They Hired a realtor (assigned clause that was to only be so they could sell the contract to an investor) to list, show sell the property on the MLS. She didn't start till mid-January. Contract was up 2/29/24.

Lawyer said we did not have to extend our closing date. An offer was put in but the loan to close for that buyer was after our closing date. So I said I didn’t want to extend my contract. 

That person put in a written complaint against the realtor. 
lawyer(s)  said we can re-list our properties after the contract closing date expires. Now we can’t because of that complaint! 

Q- Company is still trying to say they are still in contract, how? It’s past the closing date, the realtor had the listing terminated 2 weeks prior to the end of the contract. How? 

Q- How is it the seller is the bad one in this situation? They are trying to tell me they can just keep extending (under the escrow claus- no escrow was opened) 

Q- Lawyer said no payment by closing date contract over, we are free to re-list property- realtor has complaint and can’t re-list till she hears from the RE Commission, on there decision on the complaint, how? 
Once the complaint is resolved I’m free to re-list right? 

I don’t not understand how a seller has zero rights in this matter except to be told I’m the bad one all the way around. 

This has been the biggest most awful nightmare ever!!!! 

@Wayne Brooks Yes in the clause- close of escrow it states buyer can extend week by week till escrow is closed. Buyer (wholesaler) has no financial clause. States paying agreed upon price, buying as-is. No loan, financing mentioned. 
is the “other agreement” clause it states buying in As-Is condition. Seller must allow to novate contract to third party, seller must fully coorperate fully, with replacement agreement. I specifically asked what this meant. Companies Answer was “we are buying property As-Is. 

@Crystal Smith I was “thinking” that they should have put up money. They sunk option and marked it. I even asked them if escrow money was put up. He answered the end buyer will be the one to officially open escrow. If escrow has never been opened at all how is a contract legal, cause they marked X. 🤷‍♀️ 

I’m waiting on an attorney to call me back. If they do. 

There is miscommunication and I understand that BUT I know I didn’t misunderstand that much! Nothing is ever a straight answer, or well no answer at all. Or Dan says this, John says that and it’s totally completely different.
Then they call and yelling at me telling me I’m the crazy one. Yes I might be crazy but I’m crazy cause I’m catching all your deceitfulness. 

Very dirty company for sure! 

@Crystal Smith Yes the assigning is allowed in my state.

No the (buyer) I signed the contract with has not put any money into escrow. That’s for said end buyer to put up, and that is when escrow will officially open. 
problem is we was never told that they was not  the “buyer”, except if a investor they new would be interested in the property signing the assignment is so they can allow that investor make the purchase. They said we are the buyers unless (Joe) we no is interested. That allows us to pass it to him to purchase. 

@Bob Stevens that’s what my lawyer said they are doing. But they are still technically the buyers in the contract rather they have funds by closing date or not. 
Them securing an offer with end buyer pending loan approval and that closing taking place after original contract closing date is NOT acceptable or considered secured funds. 

So even if they accept an offer for loan and the other new buyers loan won’t give funds till say March 10, 24. My contract date to closing with said company is February 29. I can legally terminate the contract with wholesaler company. Because technically funds will not be paid to me before the closing date. 

That is my understanding from the lawyer too.