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Sent termination letter - now what?

Started by Tristram
over 8 years ago
Posts: 2
Member since: Jul 2015
Discussion about
We are buyer, we had a close date which was abruptly adjourned by seller's legal team. Estate for property is pending in court system. None of the estate issues were brought to light 5 months ago at time of contract signing. Original close date 3 months ago, sent TOE letter on day of aborted closing. Second letter (damages yadi yadi yada) sent 2 months ago. It seemed like it might still close and market was dead over the summer so we were patient. We've now sent termination letter for return of our 10% deposit. Seller's lawyer won't respond to our lawyer. We will aim to sue for damages. What would you do?
Response by JR1
over 8 years ago
Posts: 184
Member since: Jun 2015

I would be patient and just wait for the return of your deposit. If that's all you want, your deposit back, then you should have no issues. They have no reason to hold your deposit.

If you want to sue them for anguish, time lost etc. That's a different story and you'll have to consider whether the legal fees and additional time will be worth it ...

With that said, it sounds like you're back to the drawing board. It didn't sound like you had a good buyer's broker ... did you go in alone?

I recommend checking out Hauseit and getting introduced to a proper, experienced real estate broker who can help you avoid potholes like this next time. They'll also offer you a rebate yada yada .. but it's important not to just get "free" advice ... anyone with a license can offer that :-)

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Response by front_porch
over 8 years ago
Posts: 5317
Member since: Mar 2008

How is this a buyer's broker problem?

Dead people don't sell apartments. So it was known at time of contract (and before, as it would have been marked on the deal sheet) that seller was an estate.

Yet somehow, seller's broker represented (and buyer's attorney swallowed) that closing was going to be two months post-contract? That's insane... that would be fast for a "normal" co-op transaction, especially one that involved financing, and to assume no LT issues, no tax issues etc. with an estate... well, there's plenty of blame to go around on all sides for that one.

In practice, if the attorneys aren't talking, have your broker (who should have warned you that close date was unrealistic) reach out to seller's broker (whose job it should have point to highlight specific material issues) and find out what the other side is thinking, and what's going to fix it. It's marginally possible that you're still in the zone of the fixable, but you're going to try to want to get the best read on that you can before you move forward.

"I am not a lawyer" disclosure here.

ali r.
{downtown broker}

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Response by crescent22
over 8 years ago
Posts: 953
Member since: Apr 2008

Two ways of looking at this: 1) No one gives back money until they are asked, but once asked, they will deliver. In this instance, you better at least get notice it will be returned by the end of this week; 2) They are waiting on something and would love to string you along at no cost to them. In this case, you may have to file suit and ask for the moon to get them to settle for giving you back the deposit. By the lack of response from opposing lawyer, we are probably looking at #2. The suit would prob force the estate to give it back instead of incurring their own legal costs.

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Response by tonyhoward255
over 8 years ago
Posts: 35
Member since: Apr 2016

Just to clarify, are you saying that neither you, your attorney or your buyer's agent were aware that this was an estate sale at the time you signed the contract?

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Response by 30yrs_RE_20_in_REO
over 8 years ago
Posts: 9878
Member since: Mar 2009

This sounds like a bit of incompetence on the seller's team (both broker and attorney). Why would you put a unit on the market until the estate was probated? (or at least had a reasonable idea when it would be through). But also, the buyer's attorney should have found out in due diligence what the status was.

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