All Forum Posts by: NA N.

Joe, I'll let her know. Any more judgment you want to pass on today? :)

Seriously, this is a complicated issue and I need to be able to help her. She can't afford to pay this company and if they would have charged her then, she would have either cancelled or continue paying until she could no longer afford it.

So. If you can't provide a helpful answer, please keep your judgment to yourself unless you want to be very immature and ruin this thread.

Thank you !

Hi guys,

This is an unusual situation. My partner built a website in 2009 and paid for a plugin that displays homes for sale in maps etc.. you know the typical exchange service that pulls homes from the MLS.

Well, she paid $1000 back in 2009 that was supposed to cover 1 yr of service from the plugin, but then the company never sent her another bill, so she wait and wait and wait and come 2014 they never again billed her for the service.

Her website is still up and the plugin still works, so they pretty much let her use it all this time and forgot to bill her. She is retiring her license and is going to pull the website, so now she is wondering what to do about the plugin, should she leave it as is and it could be another 5 yrs.

If they realize they haven't charged for the service could they come now and send her to collection for all the 4 years she didn't pay and had the plugin on her website?

The contract was for 1yr and it was prepaid up front, but it states that after the year it goes month to month.

My take on this is that if she didn't pay a dime after the year passed and converted to the month to month, then that means that she didn't renew the contract and is off the hook. But not sure if they can say that she didn't give them notice of cancellation and since she continued to use the plugin, then she was still on a month to month and she owes them regardless of whether she paid or not. If that was the case though and she never said a word it would mean they could charge her for the next 10 yrs if they never realize this is going on. So I doubt the latter can be upheld against her.

But wanted to get more opinions to better advise her.

Here is the language from her contract:

"services will continue and be charged monthly to their credit card until canceled. After the first year of service, monthly renewal contracts are month to month and can be canceled at any time"

Clients that prepaid their services for the year will continue after the first 12 months at the monthly rate stated on the website. Monthly clients will continue as normal being charged the monthly rate stated on the website. All charges will be monthly and be charged to the credit card we have on file after the first year unless otherwise specified

"You shall pay the fees and other charges for the Services as stated your invoice or in this Agreement. All fees are due immediately and, except as expressly provided herein, are non-refundable. We reserve the right to
change its fees at any time. You shall make all payments in U.S. currency. Your credit card will be billed in advance for any and all fees. In the event that the Account is over 90 days past due the total value of the contract will be due immediately and will be turned over a collection agency if not paid immediately. We reserve the right to suspend or terminate your account if credit card charges are denied. Such suspension or termination shall not relieve you of the obligation to pay the fees due. You agree to pay us its reasonable expenses, including attorneys' and collection agency fees, incurred in enforcing its rights under this Agreement."

What do you think? Will they be able to send her to collection if they notice their mistake ?

If she is sent to collection, can she win if she goes to court base on the language of the contract and what happened?

update:
Offered 60k on a 79k listing.
Mutliple offers announced, and added 60 day restriction.
Explained I can't up the offer with a 60 day clause I didn't know about.
Couple days later, they say another offer was accepted.
Today, they say can you do 75k and no 60 day restriction.
Countered at 65k no restriction.
Waiting..

has anyone been able to prove this at all?
how can one be certain they aren't bluffing?
Asking won't guarantee truth.

thanks folks! I did up the offer by 2k and requested to be considered as a backup offer in case mine is not chosen. I was not crazy about the property, so I kept it low and will see how it plays out.
Thanks for the input.. I take it that you almost all agree to up the offer when there is a high and best situation.

Folks...

So what do you do when they request highest and best to stay in the game on a house?

What are your strategies?

You increase a little (couple grand or 5k or 1k or substantial increase)
Or you don't increase your offer and hope the bank will pick your cash offer and negotiate with you only?
The ideal would be that they counter your initial offer and start communication, but when the multiple offer email hits your inbox how do you make this communication happen?

I need to decide today on this so I appreciate your input.

J, how are you buying these homes? are you using a realtor to negotiate the short sale with the bank and you as the buyer? Won't banks want to see the home listed on the MLS for some time as part of the process making it available to everybody?

If you know of an honest and reliable wholesaler in Nashville TN please let me know.. thanks

Priscilla Z J Scott

Thanks again everyone.. I appreciate the input.

Are you guys asking for any concessions at all for them to pay for you like your closing fees or transfer tax or title insurance?
Or you just consider those fees as another cost of doing business?

Also, for those who are have a license and make offers on your own behalf.
If they tell you AFTER you make the offer that the bank won't pay you your commission if you are the buyer and agent.
Do you then request to lower the sales price by the commission you were expecting
OR accept the loss of commission
OR try to see if the listing agent may be open to make the offer for you and get that commission in exchange of putting your offer in front? As for this last option, have you tried implying this and what was the outcome? I think one would have to be very smooth when offering something like that to not seem like you are bribing them.. right?

right..so I will have to wait until they send me their contract, so I guess there is no binding agreement until I sign their addendum or contract and by then I would have inspected the home and knew if I wanted to proceed or not and sign it then.

J Scott
Thanks man..

The state's contract says I need an inspector and report, which is why I am concerned and wanted to know.

However REO banks will send you their own contract once the offer is accepted so even if you choose to waive my inspection period on my offer, the bank's contract will still give me the 10 days for inspections or less maybe. I don't know what is the norm on this these days, but If this is still the same today, then do those Bank contracts allow you to back out without having to provide a report from a licensed home inspector?

Thanks again!