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All Forum Posts by: Rachel Degennaro

Rachel Degennaro has started 5 posts and replied 21 times.

Post: Seller backed out at closing!

Rachel DegennaroPosted
  • Rental Property Investor
  • Las Vegas, NV
  • Posts 21
  • Votes 27
Originally posted by @Dave Toelkes:

@Rachel Degennaro

You may want to check your agreement with the agent.  This buyers agent processing fee is new to me.  I am wondering if your buyers agent agreement has you forfeit the "fee" if you back out of an accepted deal.  Since the seller backed out, I think your agent and the seller's agent should be paid by the seller.

You got me curious about it, I just went through my emails to find what it was, it's labelled a Administrative Support Commission, (Keller williams) it says that they put in time, effort, support to comply with regulations and  PA requires them to keep copies for 3 years, so this is a separate fee. It says nothing else about it. 

Post: Seller backed out at closing!

Rachel DegennaroPosted
  • Rental Property Investor
  • Las Vegas, NV
  • Posts 21
  • Votes 27
Originally posted by @Karl B.:

Hi, I'd be P.O.'d too. If you have a proper agreement in writing then speak with a real estate attorney or perhaps a commercial litigator. It sounds like the seller performed breach of contract and non-performance and you can sue him for that. 

Heck, if the seller is smart he'll sell to you when your attorney tells him what's going to happen. 

Keep us updated.

I had no idea what to do, I didn't think you could just do that last second, but it happened. Most people I spoke with today, my agent, his agents broker, title company, my mortage company, friends, everyone just keeps saying sue him (but what do they know about it, it's any easy thing to say, not an easy thing to do), so I contacted a few lawyers and was able to briefly explain, all agree I have a case, but I wasn't able to get into the nitty gritty about it yet, being Friday afternoon/going on evening and all.

Post: Seller backed out at closing!

Rachel DegennaroPosted
  • Rental Property Investor
  • Las Vegas, NV
  • Posts 21
  • Votes 27
Originally posted by @Dave Toelkes:

@Rachel Degennaro

Sounds like you hired a flat fee listing agent. Is that what happened? If so, these agents are typically hired by sellers who want to sell their property without a real estate agent. They just pay a flat fee to have their property listed in the MLS.

If an agent brings a buyer to the settlement table, then the seller typically agrees to pay the buyer's agent a 3% commission.

No, sorry, I don't think I'm explaining it right, I had/have a buyers agent, it was the Real Estate company's fee, I paid it 2 months ago I just can't remember what it was for, like a filing fee or something like that. Either way, thus house is the reason I contacted an agent in the first place, thats why I threw that in there. 

Post: Seller backed out at closing!

Rachel DegennaroPosted
  • Rental Property Investor
  • Las Vegas, NV
  • Posts 21
  • Votes 27

@dave toelkes it was I believe 400$ for him to work with me, I think they labelled it a processing fee or something like that, I needed a realtor to show me the house and I put the offer the next day. It wasn't a commission, I just can't remember what the fee was named.

Post: Seller backed out at closing!

Rachel DegennaroPosted
  • Rental Property Investor
  • Las Vegas, NV
  • Posts 21
  • Votes 27

Yes, it's all in the contract, he is at fault, it just most of the people I have contacted about this normally go through this because the buyer backs out not the seller, so I was more or less wondering if anyone has gone through the horrible experience of the seller backing out.

I am planning to sue for damages, and maybe it doesn't amount to much but it makes me sick that after everything I went through to get this place he just doesn't show up to closing and I'm out all the money and time I've spent on it and out a place to live and nothing happens unless I sue him?  

Post: Seller backed out at closing!

Rachel DegennaroPosted
  • Rental Property Investor
  • Las Vegas, NV
  • Posts 21
  • Votes 27
Originally posted by @Account Closed:

So other than your feeling got hurt can you list your damages.

After  paying your Lawyers to force a sale you might be even more HURT.

Are you talking about a Million dollar west coast triplex or a idaho $45,000 plex.     Price matterS

I don't want to force a sale at this point I don't trust the seller, after misleading me about the number of permitted units, (I was disappointed but still willing to buy because it was still a good deal to me although it did need some work, which it was happy to do, I was looking for a project.)

Also, never receiving the papers I asked for, which in this kind of a sale I don't feel like I was asking for anything out of the ordinary. 

Also, he lied about 3rd floor tenant, said he had taken care of it but was trying to sneak her around the appraiser, eventually he did remove her and it was fine.

I should have ran but I didn't because I was trying to make my first investment go through, and as weird as he was I just thought as soon as this sale is over I don't have to deal with his crap anymore and can fix the place UP and enjoy it.

So money wise it's not a million dollar property, but it was to me, I don't make a lot of money and have lived way below my means for years, kept debt to a zero and saved and suffered for years to be able to put a proper downpayment on something like this.

But I did pay for an inspection, paid my realitor fees, my bank fees, got an appraisal, title search, put notice on the place I was renting and moved out, all my belongings are in storage and now I have no place to live.

I have to start all over, when I should be enjoying my new house. So yes, my ****ing feelings are hurt.

Post: Seller backed out at closing!

Rachel DegennaroPosted
  • Rental Property Investor
  • Las Vegas, NV
  • Posts 21
  • Votes 27

I was in the process of buying what I was led to believe (by seller and listing agent) was a triplex, the top 2 units were rented and the bottom one was vacant, so I was going to live in bottom and continue renting the top 2. Seller accepted my offer and I went through the inspection, mortgage, appraisal, EVERYTHING

(found out during the appraisal that the 3rd floor kitchen was never permitted so it could only be a 2 unit) so they had to remove the kitchen and tenant (tenant had not paid rent for past 2 months so he was trying to pawn her off on me, found that out during this as well)

I had asked multiple times (When I put the offer in, during the inspection, a few weeks later and again last week for proof of rents paid and security deposit, estoppel, ECT and was told repeatedly they'd give me that info asap and never got anything except a poorly filled out estopple)

and on the DAY OF CLOSING (today) we are all waiting on seller and his agent and after they were 15 mins late, we call the sellers agent and ask how much longer til they arrive and he says they're not coming the seller doesn't want to sell. 

I've already moved out of my rental and was staying with a friend for a few days til closing and now that's not happening. I am so upset, I've saved for years to do something like this, and now he just backs out because he didn't line up a place for himself to go and said he didn't know he had a second mortgage and wasn't going to be making as much money as he thought he would.

I am going to sue him for damages, has anyone else ever gone through something like This? I can't believe this is happening.

Post: Rewiring triplex with tenants

Rachel DegennaroPosted
  • Rental Property Investor
  • Las Vegas, NV
  • Posts 21
  • Votes 27

I am closing on a triplex that I got a a discount because of work that it needs. The main one being it needs rewired. The wiring still works, it just there is no ground wire and the electric box is a fuse box. Also, id like for each floor to pay their own electric instead of including it in the rent like the previous owner. 

I will be occupying the first floor but I am inheriting floor 2 and floor 3 tenants and would like to keep them.

My question is, tenants on floor 2 have a lot of stuff, they have been there for 10 years, and to rewire their apt. Almost everything needs to come out so the electricians can do their thing. 

Is 2 weeks enough notice for something like that or play it safe with a full 30 days. Also, they should be able to stay there (with minimal belongings) while the work is being done, do I need to compensate them at all for inconvienance, it will take about a week to rewire everything. 

Has anyone gone through a similar experience and how did you handle it? Any insight would be great as this is my first investment.

Post: Buying a triplex with tenants no split utilities

Rachel DegennaroPosted
  • Rental Property Investor
  • Las Vegas, NV
  • Posts 21
  • Votes 27

@Matthew Paul,  thanks for the idea, I will use that to start out with!

@Colleen F. I checked into landlordstat, great idea, thanks for that, I would have never of known!

@Michael Noto I asked for estoppel, proof of rent paid on time, proof of security deposit, last 2 years of utilities, and prorated rent since we'll be closing in the middle of the month. - I did get the property at a discount because it was in need of repairs, the main repair needed is updated electric, what I think I will do, is have the electrician just rewire it for three units and slowly start converting things over to electric and the tenants can cover it themselves, I'm okay with paying the water and am putting a clause in the lease about abusing the water, so hopefully they don't abuse it, they seem like nice tenants and after talking with them briefly during the inspection, they are not wanting to leave, so maybe I will keep rent the same and just have them cover their electric. The gas bill will be obsolete come winter once everything is converted to electric. Thanks for the input, I'm very excited!

Post: Buying a triplex with tenants no split utilities

Rachel DegennaroPosted
  • Rental Property Investor
  • Las Vegas, NV
  • Posts 21
  • Votes 27

Thanks @Sean McDonnell ! Have been wanting to do this for a while but was always hesitant to pull the trigger as I don't have any friends/relatives who would do something like this, so i.e. not a lot of support/guidance. 

I was considering doing a year lease as the 2nd floor tenant has been there 10 years, but the 3rd floor tenant just moved in, and judging by her apartment (mattress on the floor, no furniture/couch, ect..) I don't really know if she's going to last a year. 

I guess I liked the somewhat freedom the month to month lease would give me, so if I did want to change to separate meters in 6 or 18 months, whatever, I could just update the lease instead of waiting for it to expire.

I was thinking maybe, getting a report of the past 2 years utilities and adding them up, dividing it up per month per unit to get an idea of what each unit cost in utilities and adding that number to comparable apartments, to come to a fair, fully included price per unit. 

Hopefully, if all goes well after having this unit for a year or two, I'll look to expand and the next one will definitely have separate utilities, you guys got it right!