All Forum Posts by: Anthony Nieves

Wow thanks for that Andrew Syrios, this has been a headache. Here is what one attorney from my CPA has sent back to me: Of course this came lawyer referal came from someone else that showed interest in the property and has the cash to close on it. I need to find an attorney willing to accept a fee for setting this owner straight. Could you suggest one or two?



This would be an hourly litigation - $5K initial retainer / $400/hr. Start with a demand (1 hr); followed by a complaint, exhibits, and ancillary docs (2-3 hours); and look for an early motion for summary judgment. We might force something to happen early and he is out for the $5k (maybe less) or, like nearly any litigation, there could be unknown complications that turn this into a $50K case. Assuming everything is at it appears, there is a fee provision to protect.

The other nice thing her is that with property, equity can be used to offset our attorney fee claim (thus if price is $90K, with no liens/mortgages, and we get a Court order to purchase for the contract price but have a $25K fee claim, we can seek to offset the purchase price and close for the balance of $65K.

Big risk for the seller to hold out…

Braden C I really thank you for your input. Memorandum is in place, I have a great CPA with A LOT of attorney clients / friends. I really wanted to make this my first BRRRR, however might just sell the agreement to my CPA who's interested in it as well, but wouldn't cross me, he knows my family needs this.

Thanks will let you know! 

Hello folks thanks for this platform being available . I got my first property under contract, already getting approval from underwriting with a hard loan. I planned to keep it for a possible lease option future flip. The owner is now reneging and refuses to sell (I found out he got a better offer from a back stabber lender/realtor I went to for a conventional loan). I am about to go to the court house and file a memorandum for refusal to sell. Any good advice out there on how to move forward with inexpensive legal fees? Or any good lawyers out there willing to help the a "boo" letter?