All Forum Posts by: Patrick Meade

Names have been changed not sure if I can post it legally.. the guy is changed to slimmy Investor, the real estate agent is changed to real estate agent/wife and the llc was changed to Investment llc. I’m not going to post the entire thing but I just wanted to show y’all that everyone was right I have a super strong case! 

Breach of Contract, Tortious Interference with a Contract, Fraud, and Suit to Quiet Title.

In relevant part, that contingency states “This contract is contingent on confirmed or written notice of seller's job transfer and move from Houston to Denver, CO. If job transfer and move to Denver, CO is declined seller has option to terminate contract free of penalty.” On January 9, 2018, Slimmy investor (hereinafter “Investor”) filed a Memorandum of Contract in the property records of Harris County on behalf of Investment llc. This Memorandum was notarized by The real estate agent/wife, a party with in interest in Investment llc in direct contravention of the statutes governing notaries.

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Unfortunately, my Client was not offered the job in Denver and remained in Houston. This Investment llc was informed of at least as early as February 2018. My Client, therefore, informed Investment llc that the contingency had occurred. In 2019, my Client attempted to sell the property only to discover that Investment llc Memorandum still clouded his title, preventing the sale. He contacted Investor and verbally asked him to remove the cloud. He declined. On March 6, 2019, my Client sent an email to Investor again asking that the cloud be removed. Again, Investor declined. At present, Investment llc continues to cloud title to my Clients Property. This violates the law. Additionally, by requiring money to do what the law demands, Investment lllc through its agent is committing extortion.

 Don’t forget the .40 cent.. I can’t figure it out either. He put zero in earnest money, had no money wired to title, wasn’t advertising it anywhere, didn’t put it on a mls, told me he was buying it as a rental property. He did spend 10 dollars in gas to come look at it and 16 to file the memorandum. So the way I see it he has 26 bucks and an hour of his time in this deal. After I hit him with all the facts in this with the notary fraud the contingency that was clearly met why he would still risk a lawsuit over 26 bucks.. makes no sense. I spoke with an attorney and a demand letter is going out today I will post what the attorney is saying. It’s basically what all of you have said.

 Yes, I didn’t intentionally bypass the first buyer, things didn’t work out for me on the new job in Colorado so I called and canceled the contract over a year ago. I didn’t even know he was still on my title until I decided to upgrade my life in Texas. My career keeps me in Texas there really is no better place for me in this industry. That contract with the investor was out of desperation to return home on a once in a lifetime opportunity that did not work out. 

 Actually, I just found him on here.. so not all BP people are honest. 

 I did not, had no idea it was on there until a year and some months later when I tried to sell my house to buy a bigger house with a mother n law suite so my dad could come stay with me when it gets cold up north. I’m guessing I’m going to lose my buyers and they were good.. conventional loan 46k down offered me 2k over list price with no contingency or seller contribution. 

The only problem I see is litigation costs and the lack of garnishments in the state of Texas. I could try for her notary bond but outside of that 10k I’m out of pocket and will probably never see another dollar. 

 He didn’t notarize the sales contract,  he was sneaky and had his wife notarize a memorandum of contract and filed it electronically without my knowledge. 

 He literally told me “pay me 3462 or sell me the house for contracted price or sue me” and hung up... well, I’m not paying a crook anything. So looks like I’m going to sue him.

The contract originally dated to close the day we signed the contract, over looked by me...( I’m not a real estate guy.. I’m an engineer. ) he text me later and said “hey I messed up on the close date I’ll change this to TBD because we don’t know when the job offer will be extended “. I didn’t even think about what that does to a contract but even now I would still sign it because my contingency was in place and that should have ended it. 

Lots to respond to, 

 first, the llc is only owned by the husband and wife, no one else listed. She also works for a real estate company here in Houston and used that companies contract in the purchase. So the llc was buying my home using the broker license of the “real” real estate company. 

Second, I contacted the broker, which by the way was almost impossible. She doesn’t answer her phone if you call the office phone none of the options work.. I did finally get ahold of her and explained my situation she seemed concerned and said she would talk to them but I haven’t been able to reach her since. Even sent pictures to her cell phone of the contract and memo she hasn’t responded. 

Third, Yes I will be taking the advice of you guys and get a real estate attorney. 

Thanks everyone For taking the time to respond it really is appreciated. I’m so stressed I can’t sleep haven’t eaten in days and my mood is completely off.. I had no idea how little stress I had until I came across this nightmare. This has seriously consumed me, I’m literally at work researching and trying to figure out if or how this could be my fault. The answers provided have calmed me. And I’m truly thankful for that.

Someone stated I should just pay him and end it.. I would rather pay an honest man 10,000 and lose my case then to pay a crook 4000. 

So I’ve come to terms with having to sue this guy.. that’s fine I have more than enough money to get that done even if it’s at a loss financially for me. 

My question is, if I sue I could probably collect damages from the notary bond? Could I also go after the insurance the broker? The broker has to have insurance for this right? The contract list that firm on the bottom..