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  1. #21
    Join Date
    Jun 2019
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    16

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    another interesting update. they have found the ORIGINAL APPRAISAL that the FIRST TOWNHOME OWNER paid for before he purchased the townhome and it does include the external garage. they have yet the find the original purchase contract though. but I would think the appraisal would be a better thing to have than the purchase contract. as I think the appraiser could only know exactly what to appraise by looking at the original purchase contract. after all, the townhome was brand new and had never been sold before.

  2. #22
    Join Date
    Oct 2016
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    3,150

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    Quote Quoting bray1970
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    another interesting update. they have found the ORIGINAL APPRAISAL that the FIRST TOWNHOME OWNER paid for before he purchased the townhome and it does include the external garage. they have yet the find the original purchase contract though. but I would think the appraisal would be a better thing to have than the purchase contract. as I think the appraiser could only know exactly what to appraise by looking at the original purchase contract. after all, the townhome was brand new and had never been sold before.
    You would be thinking wrong. The contract and the associated deed is what actually matters.

    Appraisers make mistakes all the time.

  3. #23
    Join Date
    Jun 2019
    Posts
    16

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    well, I will hope they find the original contract then and see what happens.



    thanks

  4. #24
    Join Date
    Oct 2016
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    3,150

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    Quote Quoting bray1970
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    well, I will hope they find the original contract then and see what happens.



    thanks
    What possible motivation do they have to do that?

    You need to head down to the county courthouse and look at the old deeds.

  5. #25
    Join Date
    Jan 2006
    Posts
    38,727

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    Quote Quoting bray1970
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    well, I will hope they find the original contract then and see what happens.



    thanks
    Unless it was included in the first deed and each subsequent deed, it is owned by whomever was the last one to receive it via deed and not transferring it.

    at most that will mean some person still owns the garage. It doesn't mean you’ll end up with the garage unless that person fights to regain possession and then is willing to sell it to you. Of course you would have to pay what they wanted.

    Of course if that first buyer didn’t receive rhe garage, then you would have to chase the chain of title to figure out the owner(s). The fact is, if the HOA ended up with the property it suggests it was platted to be HOA property.

  6. #26
    Join Date
    Jun 2019
    Posts
    16

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    I was able to speak to a real estate attorney (who is also a licensed real estate broker) briefly on the phone. I forwarded him my documents (appraisal, real estate contract, title documents) and he is suppose to review them and get back with me in a few days as to if I have any recourse. he didn't act like I could get possession of the garage. he wasn't even sure if I had any recourse. but he did say, if the external garage had a separate parcel ID then the seller was required to disclose that and in this instance they didn't disclose that. I was able to find the MLS listing when the townhome was purchased by the second owner (in 2017) and it to stated the townhome included one DETACHED garage. I only point this out to show clearly all three owners who have purchased, owned and sold this townhome believed they owned the external garage. so even though that may mean nothing legally, there was certainly a reason that occured.

  7. #27
    Join Date
    Jan 2006
    Posts
    38,727

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    Quote Quoting bray1970
    View Post
    I was able to speak to a real estate attorney (who is also a licensed real estate broker) briefly on the phone. I forwarded him my documents (appraisal, real estate contract, title documents) and he is suppose to review them and get back with me in a few days as to if I have any recourse. he didn't act like I could get possession of the garage. he wasn't even sure if I had any recourse. but he did say, if the external garage had a separate parcel ID then the seller was required to disclose that and in this instance they didn't disclose that. I was able to find the MLS listing when the townhome was purchased by the second owner (in 2017) and it to stated the townhome included one DETACHED garage. I only point this out to show clearly all three owners who have purchased, owned and sold this townhome believed they owned the external garage. so even though that may mean nothing legally, there was certainly a reason that occured.
    If there were no deeds executed transferring title to the garage, nobody bought it.

    Regardless, unless the person selling to you owned the garage, they could not sell it to you, even if they executed a deed professing to transfer title



    what it appears to be coming down to is you may have recourse against the seller. Was title transferred via a warranty deed (as opposed to a special warranty deed or quit claim deed)?

    what that may result in is some action against the seller. What any action may be will be based on your contract and actual facts of the matter. It’s good you have consulted an attorney who can review all of the documents.

  8. #28
    Join Date
    Jun 2019
    Posts
    16

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    well, not sure if anyone is still following this story but I have talked to a real estate attorney.

    he did say I had a strong case against my real estate agent for poorly representing me in the purchase AND against the seller. he said to file a joint lawsuit against the seller and my agent. he did say PRELIMINARY TITLE INSURANCE would of caught this problem or re-imbursed me for my loss (can't remember which). he did say the listing agent should of recommended to my agent that preliminary title insurance be purchased. but it sounds like my agent should of recommended I purchase preliminary title insurance anyway. he also said, when he looked at the PLATT MAP (part of disclosures) it was obvious from the platt map that the townhome and the external garage were separate parcels and my agent should of easy caught that. I am beginning to think my agent just skimmed over the seller disclosures briefly to see if he saw any big red flags. maybe he got to focused on the sale (and earning the commission) that he wanted to coast to the sale.

    one thing I forgot to tell the lawyer is I have been recording every conversation with my agent since this happened (without his knowledge). and he readily confessed him not doing his job was partly responsible for what happened to me. and he also said everyone involved in the process is at fault. but the lawyer did tell me the title company has no fault in this. would that taped audio conversation be RELEVANT in court? is that a strong piece of evidence in my favor? what I would like is a case so strong it is settled out of court.

    one thing I don't like is when you sign contracts with someone, they often put in the contract it is your responsibility to verify every piece of information related to this transaction to make sure it is true. and if you don't and part of the information is not true and it causes you financial harm, you are solely responsible for your loss. and there is that disclaimer in this real estate contract. and I would think every real estate contract in any state tries to shift all the blame to the buyer if anything goes wrong. I forgot to ask the lawyer about this disclaimer (but I am sure he is aware if it as he has been a real estate lawyer for 35 years in my state and is also a licensed real estate broker).

    probably the worst thing about the chat with the lawyer was the cost to go to trial. he said it could easily cost as much as the value of the external garage (20K) to prepare my case. and he said that could easily go higher because the defense may throw up all sorts of road blocks that increases the time to prepare for trial. he recommended maybe small claims court. but the max you can get there is 11K. but if it went to trial and I lost, it is possible I could be out 50K or more.

    by the way, all these real estate brokers and agents have insurance that cover them for these screwups don't they? I would think they have to because in certain instances I am sure the potential liability to the agent could be 100K plus easily. and that would bankrupt some real estate agents. so I am beginning to think my agent WILL NOT PAY OUT (compensate me) under any circumstances even if he knows he owes me. if he does that, he probably pays out of his own pocket. if he loses in court, then the insurance company pays out. BUT, at the same time if I went public with this story on social media and they lost even one customer, they probably would of been better of just to pay me 20K or 15K (I would probably take 15K for this problem to go away). my agent is close to 80 years old so he has no idea what social media is. but his broker (who is probably not ever 50) surely does. as for the seller, I worry about them having any money. people that live here don't tend to have a lot of money. plus, they have been aware of this problem for over a month now so they could easily have tried to shield there money from a potential lawsuit.
    and of course, the stress going to trial and knowing the potential loss would always be there. and I am sure that is something I can't be compensated for.

    I have let my broker know something needs to happen soon. so far (from what he has told me), they have the following information:

    1) the selling agent for the 1st buyer of the townhome stating the external garage was included in the sale
    2) an appraisal paid for by the first buyer showing the external garage was part of the appraisal.
    3) a statement from the LISTING AGENT the very first time the townhome was sold (13 years ago) (who work for the developer at the time but doesn't any longer)
    this agent also says the external garage was included in the sale

    my agent is still trying to dig up the original sales contract with the developer and the first buyer showing an external garage was included in the sale. my agent will
    discuss this information with the developer and see what happens. he just wants to make sure there not able to find the original real estate contract before they act.
    he does not know if the above facts alone will be enough for the developer to act.

    anyway. this is a nightmare but certainly could be a lot worse. if no movement comes within the next few weeks, it will probably be small claims court. sure, it won't pay me out the full amount but the stress level won't be nearly as high as a full blown trial. and then tell my story online and make sure the agents name and his real estate firm are mentioned plenty of times. these days, business owners/managers can get very nervous if you tell you story online for the whole world to read about.
    and if they lose just one or two customers, it would of been much smarter just to pay me.

    by the way there was no deed or special warranty deed for the garage in this instance. the townhome was simply listed on the MLS with an external garage and I bought it thinking that was what I received but I didn't. the external garage had a separate deed (which I didn't know about but according to the lawyer was apparent in the PLATT MAP). this was simply a seller listing for sale something they truly thought they owned (because they had been using it for years) but didn't.

  9. #29
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,396

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    Without knowing what state you're in I can't say for sure but you may not be able to use those recordings if the agent didn't grant consent.
    "Where do those stairs go?"
    "They go up!"

  10. #30
    Join Date
    Nov 2013
    Posts
    6,338

    Default Re: Thought I Purchase a Townhome with a Detatched Garage

    Quote Quoting bray1970
    View Post
    he said it could easily cost as much as the value of the external garage (20K) to prepare my case. and he said that could easily go higher because the defense may throw up all sorts of road blocks that increases the time to prepare for trial. he recommended maybe small claims court. but the max you can get there is 11K. but if it went to trial and I lost, it is possible I could be out 50K or more.
    I suggest you consult with another lawyer. 20K to prepare a complaint and file it in a case like this where there are all the recorded records and contracts seems way out of line. He didn't want the case. It's just that simple.

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