Complicated situation ?
I had put in an offer to purchase and we initially were set to close last month. Every last person in my household ended up with mold poisoning from black mold in our house. Then my grandmother passed away, so I wanted to move back down South to be near my family. I did attempt to notify my realtor a couple of times but didn’t hear back from her.
For Christmas, I was given a new phone and didn’t have access to my emails until yesterday evening where I found out the sellers got an attorney. This attorney sent an email threatening that if I didn’t close they were going to sue for entire purchase price of the house, interest, attorney fees, and they are threatening my Real Estate license(I’m not practicing right now but wanted to keep it because I had worked hard for it). My personal banking information was attached to this email as well as my license information and this was circulated to about 6-7 other people via email.
I don’t feel comfortable with this entire situation and it’s only made me not want the house even more. My realtors only concern when I spoke with her was closing and her money - which I understand but she definitely lacked empathy towards my situation. I now feel stuck regarding buying this house. Is the Seller’s Agent and seller’s attorney even able to pass along my personal banking information and to everyone like that.
Forgive me for being ignorant on the matter, as I have only had my license for a year and haven’t utilized it yet outside of training
- babyboomer1001Lv 79 months ago
Being sick does not excuse your behavior. Certainly, you could have made ONE phone call, or even emailed. You could have and should have sent someone to close for you. You basically abandoned the closing. They have every right to be VERY angry with you. Didn't have access to your emails - BS. Your phone is not the only way to do that and OF COURSE you have to follow through and buy the house. It was set to close. You made an offer and it was accepted. If you don't shape up quickly and close on it, expect to be sued for specific performance - forced to go through with the sale, and that will cost you a bundle extra. You really need to take contracts seriously.Source(s): Certified Paralegal, with 25+ years' experience & with Real Estate law experience.
- Landlord365Lv 69 months ago
It is not complicated at all. You have violated a legally binding purchase agreement. You cannot just change your mind. You fail to close & they have every right to sue you.
Your personal problems are irrelevant to the purchase agreement. Blaming not getting your mail on your phone is complete bullsheit. My boyfriend does not have a smart phone or even a computer. He goes to the library every few days & checks his email.
The agent has every right to be pissed off & does not have to give a sheit or show any empathy. YOU are the one that screwed up here not them!
You should lose your license. You clearly did not learn anything in the classes. Shocked you ever passed the test! As earned as it would be they cannot actually do that. You did not act as your own agent so your license has nothing to do with this transaction. You need to take another class in contract law before you ever use it!
- SlumlordLv 79 months ago
Just go get an attorney and have him argue it out with the seller's attorney. You don't need the best attorney out there (this isn't the oj simpson trial), just a decent attorney with real estate experience. Best guess, you'll have to pay something for them to void the contract.
I see no reason for you to lose your license for changing your mind and assuming this gets worked out to where you pay them something (even a few 1000 dollars - maybe your deposit if it was decent sized) then it is no longer in their best interests to report you and again, report you for what - changing your mind?
Get a new real estate agent too, I get that they are angry at missing a commission but that's part of the business. If they are just now figuring out that this is how real estate deals frequently go then they are either an amateur or they are just don't understand real estate that well, but they have a fiduciary duty to work in your best interest and they clearly aren't dong that. Either way I would get a new agent the second this thing is finally behind you.
Important point, however, is that you need to get moving on this now. The longer you wait the more this will cost you and the more it'll annoy everyone involved and you seem to have a tendency to ignore your problems rather than work on them (3 weeks to check your old phone? - not likely unless you didn't want to check it).
- SimplytheFACTSLv 79 months ago
your fault for not accessing emails. makes NO SENSE you couldn't for 3 weeks because of a new phone..that is your own irresponsibility.
you should lose your license with this stunt...its not irrelevant, you should know better about how to appropriately deal with this...and that is to not play games and blame your failure to access email and your changing your mind on others
what does YOUR lawyer say?
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- SlickterpLv 79 months ago
They wont' win the purchase price because of course they still have the house to sell.
You need to negotiate with them on a settlement to get out of the contract. Simple.
- realtor.sailorLv 79 months ago
The fact that you have a real estate license is irrelevant. You have a contract to buy the home and if you don't close you can be sued for specific performance. If you're sued it would mean the seller has to take the property off the market until the suit is settled. I'm sure the seller would rather get it sold than taken off the market. That's your only negotiating tool.
- Anonymous9 months ago
You can't have gotten your real estate license and be this clueless. next troll please.
- ScottLv 79 months ago
If you really have a real estate license, you also have a basic understanding of contract law. You signed a contract and you are bound by the terms of that contract. Your personal problems are just that - your_personal_problems, and have no bearing on this agreement.
- yLv 79 months ago
lacked empathy towards my situation
It plays no role in any of this especially considering, you did not keep them informed of the situation. This entire thing is 1000% your fault, so you better stop making excuses and start working with them. Try to fix this mess.
- Anonymous9 months ago
Educate yourself on contract laws.