All Forum Posts by: Josh Holley

Quote from @Victor Patel:

Quote from @Jay Hinrichs:

Quote from @James Wise:

Quote from @Jay Hinrichs:

Quote from @Josh Holley:

Quote from @Jay Hinrichs:

Quote from @Josh Holley:

Quote from @James Wise:

Here you go @Josh Holley

If you're going to come on here and make false accusations in an attempt to defame me, you're going to be exposed as a lying fool. Here are the screenshots below of me asking the seller about your deposit as well as the email where I explained the same to your Realtor/Mom or whomever she is to you. You've really made yourself look like an idiot. While I do not care what happens with your deposit one way or the other, I do hope you've learned something about running your mouth with false accusations today.

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 My point stands. Did you send him the mutual release? Doesn’t look like it from your email bubba. 

Josh its usually the buyers agent who sends the mutual release when the buyer wants to cancel not the listing agent.. Also who ever is representing you can just go direct to the title company and request they send out mutual release instructions ( which they do all the time) your not being represented very well by your agent. Not sure why you think its the listing agents responsibility to craft the release.. Now when your agent actually does the release then they send it to the listing agent and its is the listing agents responsibility to forward that doc to the sellers we do this all the time via docu sign or hello sign or whatever on line document system the local MLS uses.. somehow you seem to have this backwards.. Again why is your agent not handling this.. ??? Or did we miss the part were your agent did put together the mutual release and send it to the listing agent ? And the issue is you think the listing agent has not forwarded it to the seller.. I would find that to be pretty much not possible with a high volume listing agent.

Again, this was already sent to James several times by my agent. I have already signed it.

OK so your contention then is your mutual release and return of EM was sent by your agent to the listing agent and the listing agent is refusing to forward the release to the seller.. If you believe that to be true then simply ask the escrow officer to forward it to the Seller they will have sellers contact info and they are a neutral party.. Seller will either sign or not at that point. I know in my 50 years of being an RE Broker in Multiple states I have had to just go direct its usually frowned upon per ethics but if you think you need to nothing stopping your agent from doing that..

 Jay what you've got to understand about Josh is the fact he is simply lying. 

I learned this phrase about 50 years ago in my first year as an agent and its true today.

" Buyers are Liars"  And I guess the same can be said for sellers to when they do not divulge items they know.  When I started there were no disclosures. But its apparent now that the mutual release has somehow been delivered to the seller and if the dude wont sign nothing you can do about it.. Just paper your file accordingly and move on.. Lot of time and effort squabbling over 5k geesh..

 My first broker told me the same thing 20 years ago...."Buyers are Liars"

 You'd think most buyers would be smart enough to stop lying when their lies have been publicly disproven. Not our boy Josh Holley tho. He keeps marching on with the lies.

“Josh, I feel you on this one—it’s a tough spot to be in, but let me tell you, these situations are where the real players in this game prove their mettle. First off, it sounds like you trusted your instincts but still went ahead, which shows you’re a decision-maker. Sometimes it pays off, sometimes it doesn’t, but you’re taking action—and that’s key.

Here’s how I’d approach it based on my experience and Cardone’s principles:

1. Stay focused on the deal, not the drama. Don’t let emotions get in the way of your goal, which is to get your EM back or pivot to another opportunity.

2. Use leverage before legal. Instead of jumping straight to attorney fees, lean on your contract. Call a meeting, bring clarity, and press them on the terms you both agreed to. Contracts are power—use them.

3. Think bigger. $5k is a lot, but don’t let this one hiccup slow down your momentum for adding properties. It’s all about scale, so keep hunting for deals that align with your strategy.

If you do have to lawyer up, make it clear you’re playing the long game. Protect your capital, and keep building. This is a temporary setback, not a roadblock. Let me know how it turns out—I’m curious to see how you handle it like a pro.”

I've been a RE Broker in Ohio/KY for over 20 years.  This doesn't seem to be a seller's agent issue.  The seller's agent can only request and not force the seller to sign the release.  It is the seller's decision to sign or not.  

I would assume the purchase contract has a clause that states title is clean and there no encroachments. If there is a title issue or an encroachment then the buyer is entitled to a refund of the EMD.

I feel like there is a missing piece of the puzzle.  Regardless, this is now an issue between the seller and the buyer and not any of the agents.

You may have to wait 2 years to get your money back as per Ohio law.  Or you could negotiate a settlement between you and the seller and move on.

Oh my, did you fall into his trap?

 I’m ok with that! And I also knew exactly what he was  doing but I’m ok with that. As long as others see it I’m good! I figured we could move to close and get past it. 

Quote from @Josh Holley:

Quote from @James Wise:

Here you go @Josh Holley

If you're going to come on here and make false accusations in an attempt to defame me, you're going to be exposed as a lying fool. Here are the screenshots below of me asking the seller about your deposit as well as the email where I explained the same to your Realtor/Mom or whomever she is to you. You've really made yourself look like an idiot. While I do not care what happens with your deposit one way or the other, I do hope you've learned something about running your mouth with false accusations today.

___

 My point stands. Did you send him the mutual release? Doesn’t look like it from your email bubba. 

Josh its usually the buyers agent who sends the mutual release when the buyer wants to cancel not the listing agent.. Also who ever is representing you can just go direct to the title company and request they send out mutual release instructions ( which they do all the time) your not being represented very well by your agent. Not sure why you think its the listing agents responsibility to craft the release.. Now when your agent actually does the release then they send it to the listing agent and its is the listing agents responsibility to forward that doc to the sellers we do this all the time via docu sign or hello sign or whatever on line document system the local MLS uses.. somehow you seem to have this backwards.. Again why is your agent not handling this.. ??? Or did we miss the part were your agent did put together the mutual release and send it to the listing agent ? And the issue is you think the listing agent has not forwarded it to the seller.. I would find that to be pretty much not possible with a high volume listing agent.