My buyer is trying to bail

E

Eric the Red

Team HuskerBoard
I'm in the process of selling my home. We are four weeks into the sale of my home, two weeks remaining until closing when this b!^@h of a woman who has asked me to repair, update or replace every little f'ing thing is now wanting to bail on this transaction. She cites her reason because there is some termites in the shed. I brought over 4 termite companies and they all said the cost to get rid of them is around $700. This includes getting rid of them in the shed and treatment around the house with extended warranties. She sent me a document to terminate the sale of the home and giving me her $500 deposit.

Of course we are seeking a lawyer and going to possible pursue a lawsuit. We are starting with a candid, nasty letter to hopefully scare her into sticking to the contract. But in the end I don't think I can force her to purchase the home.

My lawyer has, at least I feel, dropped the ball. We met with him on Friday and he told us a letter would be drafted and sent out no later than Saturday. Well it's Saturday night and he texted us a few hours citing he started working on it but he had an important dinner to go to and might finish it tonight or tomorrow.

Anyone dealt with any of this before....a buyer trying to bail or a lazy lawyer. Anything I can really do about this?

 
Haven't dealt with it, but...

Let's start with the buyer bailing. A lot depends on the tender and the contract. Generally speaking, when a potential buyer makes an offer on a house, they can do a couple of things. First, they can set a time period for which the offer is good. Second, they can perform an inspection and then base the offer on the results. For example, I offer $100,000 but only if you repair certain issues. You, as the seller, can elect three courses of action - first, reject the offer outright; second, make the repairs and eat the cost; third, reduce the price by the amount the repairs would cost. Most tender contracts also have a "cooling off" period (not all of them, by any means). That allows the buyer to tender an earnest payment but at the same time to back out within the cooling off period - the seller gets to pocket the earnest payment. I guess what I'm saying is that it depends on the tender contract. I wish I could give you a more definitive answer, but that's about the best I can do. If you can show that the time period has expired or that you relied to your detriment on the offer (went and bought another house thinking you had a sale - and all other conditions were met) you can force the sale. But, again, it all depends on the contract.

As for the lawyer - that's going to be tougher. The fact that he didn't do the letter as promised won't do you much good unless you can prove that you paid him and that payment was contingent on him doing the job by the date upon which you agreed or that his failure resulted in a loss to you (that would assume that the letter would have prevented the loss, of course).

I hate to say it, but you're probably SOL.

 
It comes down to Realty v. Law. The lawis 100% on my sidein this situation. Your average real estate contract, as does mone, states if there are termites and the damage is over 2% of the purchase price the buyer has a right to bail. The damage is around $700 and that includes treating the entire house. On the flip side realty is against me. I cannot force her to by the house. What I'm looking to get out of her is damages for breach of contract including $1,550 that I have spent on the new house I would like to purchase that includes earnest deposit and inspection costs, plus I want the rights to the appraisal and inspection she did on my house and something for the entire month of "hot" real estate time, month of February my house was off the market. Houses have started selling again.

The lawyer thing is not even worth pursuing, we wrote nothing down, it was all a verbal agreement. After he writes the letter I can just not use with anymore. I did give him a $500 retainer (sp)

 
DaveH said:
Any new news? Need to break some knees?
Click to expand...

lawyer sent letter. She should have received it no later than today. Now we wait.

Don't worry Dave, You DJR and Chad are still helping me. Need help on Sat, the 2nd. I rented a uhaul from 10-6.....get your big boy pants on....beer and beef on premises. I know you like beer.

 
dang it. I need to find some big boy pants then. All I have is green giant size pants. They fit nicely and are very accomodating.

 
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