Page 4 of 4 FirstFirst ... 2 3 4
Results 31 to 38 of 38
  1. #31
    Join Date
    Jan 2006
    Posts
    38,709

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

    If the garage was included in any prior sale there would be a contract reflecting that and a deed supporting the inclusion of the garage. Since it appears no deeds included the garage, it wasn’t included in any sale.


    Title insurance would do you no good since the garage was not deeded to you. It removes it as being a title issue and leaves it at a contractual issue. So, does your contract include the garage? If not, I’m not seeing a great case for you. If it did, you still would have no right to claim title to the garage since the seller didn’t own it but you may have an action against the seller for claiming to sell you something that he didn’t own. All you would be entitled to based on that would be money. How much would be up to the courts to determine.

    Contracts aren’t recorded in any state I’ve dealt with. I can’t say whether they are in your state but I wouldn’t expect them to be.

    As to the deeds; so far it appears no deed showed a transfer of the garage to any buyer of your unit.

    If the attorney believes you might somehow be entitled to be able to claim title to the garage, it would be quite a considerable amount of work to show through all sales that was the intent and it was some error that it was not included on the deeds. The cost to research and attempt to change all of that could be quite expensive.

  2. #32
    Join Date
    Jun 2019
    Posts
    16

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

    there is no claim for me to the deed. the lawyer I consulted with made it clear. I thought that was a long short anyway.

    it wasn't title insurance the lawyer said would of helped me but something called PRELIMINARY TITLE INSURANCE. he gaved me the impression that is something that
    is different than title insurance. and pre-liminary title insurance isn't necessarily needed for every real estate transaction. but due to the external garage being separate from the townhome (and when I mean separate, I mean not just a separate structure but COMMON AREA OF THE HOA is between the townhome and the external garage) the lawyer said it should of been a NO BRAINER that pre-liminary title insurance should have been purchased. again, I do not know what preliminary title insurance is but the lawyer gave me the impression it is different than regular title insurance.

    I will probably end up in small claims court on this. I will consult with one more lawyer before going forward. I want 2 different lawyers to both state I have a strong case. if either one of them says, it will be hard to win any compensation in court, I will just call it a day and trash everyone online (everyone that didn't do their job) and call it a day. trashing people online (if done correctly with documentation and facts to support it) actually does sometimes work. the broker of the real estate firm is the one that won't like it (it's his real estate for and it was his agent who assisted me in the purchase) and I won't be making anything up. it will be 100 percent fact based. once something goes up on the internet, it stays there forever.

    I thought my agent would at least do a couple things to lessen my loss. first, offer to list this property FREE on the mls should I decide to sell it (and I probably will sell it in 2020). that would cost him nothing. the other thing would of been for him to forfeit his commission to me since he clearly scrued up. I do believe there are real estate agents out there that would of already did that. one real estate agent friend of mind said that should of already happened. but I am kind of surprised the broker didn't tell the agent "hey, you scrued up on this, if no one else pays for the buyers loss (my loss) you have to forfeit your commission to him).

  3. #33
    Join Date
    Jan 2006
    Posts
    38,709

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

    There is what is called a preliminary title report but I have never heard of preliminary title insurance. A preliminary title report is the title search performed prior to offering title insurance. It is performed to discover clouds and defects in the title.

    I cant say if you have any chance of winning anything. I have my doubts of it but I also donít have all of the facts either. Best of luck but I would caution against trashing anybody online. If what they did was technically correct, trashing them might bring you some legal problems.

    oh, and a broker canít demand an agent give up their commission unless there is some very unusual contract between them. An agent and broker carry e and o insurance for situations like this if they failed to perform properly.

  4. #34
    Join Date
    Jun 2019
    Posts
    16

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

    my state is a ONE PARTY CONSENT as far as using recorded conversations in court. I will be playing the confession of my agent to the next real estate attorney I speak to.
    I think the confession was made after I asked the question "what's plan B if you don't get someone else to cover my loss? " and his answer was very short something close to "well, I think everyone involved in the process bares some fault for what has happened to you."

    I think the E and O insurance is why nothing has happened. you have to sue for that to even kick in right? they can't just call their insurance company and say hey, we have have scrued up can you look into this. I imagine the insurance company lawyers take over and do whatever they think is best.

    but if your real estate firm gets a bad review online with facts to back it up, why you not just pay out? if the real estate firm loses even 2 customers for life from people reading the review, they just lost more (in lost commissions) that what they own me. you never know when something goes viral and how bad it can hurt. but a lot of businesses don't realize that until it actually happens to them. my agent is old. he barely knows what the internet is. I really think it wouldn't be very hard to cost them dozens of potential customers over the next 10 years. of course going viral doesn't get me compensated but it sure would make be feel a lot better knowing someone else lost more than I did out of this.

  5. #35
    Join Date
    Jan 2006
    Posts
    38,709

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

    Of course that is meaningless. The agent is not in a position to either assign fault nor liability. That is what happens in court. All the statement will show is their own personal opinion, which is meaningless.

    Liability is based in legal duty and negligence. You have to prove whomever you are suing had a legal duty to you and they breached that duty or they were negligent in their actions. From all you have explained I can’t say I see a clear case of either by anybody but again, there are many facts I don’t have.

  6. #36
    Join Date
    Jun 2019
    Posts
    16

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

    I guess I should just stick to the facts and law on this. this is a law forum and some of the things I have mentioned really have nothing to do with real estate law so I will try and stay on topic from now on. so once I have a visit with my next real estate lawyer (maybe next week), I will post another update. I will be curious to see what he says about how strong of evidence the audio taped acknowledgement of guilt by my agent is.

    maybe it was preliminary title report and not preliminary title insurance that the lawyer said I should of been told to purchase. and from what someone here has said, maybe it wouldn't have protected me in this instance. the lawyer was giving me the impression that my agent wasn't doing a good job of representing me when I made the offer to purchase this item and he not recommending I purchase a preliminary title report. .

    maybe someone can answer a few simple questions.

    if an agent does something stupid in a real estate transaction and is found liable in a court of law for 100K, what if he can't pay (he simple does not have the money). would the real estate firm he works for bear any liablity if he can't pay? would his broker share any liability. I am throwing out the assumption that the agent or his broker have no errors and omissions insurance just for the sake of argument (which is of course not true). I am just trying to find out where the chain of liability falls if insurance is not factored into everything.

    also, there is no liability on the part of the listing agent in MY instance......but just the seller for the false information in the listing (stating on external garage was included).
    when I talked to the lawyer he never made any mention of the listing agent or broker.......but only the seller.

    interesting UPDATE for today.

    the developer (who we believe had already sold the external garage to the first townhome owner but the deed was never transferred) called me today. apparently my agent gave him my phone number. anyway, he said 'we feel bad for this situation. we know you were told you owned the external garage but you don't. we would like to offer you $8K in exchange that you will sign a QUICK CLAIM DEED for the currently owner of the garage. apparently the quick claim deed makes it so I can never take legal action in court to obtain the deed to the garage. is that correct? I thought it was the FIRST OWNER of the townhome that could maybe make a legal claim to the garage (not me). I told him, I will get back to you on this in day or two. he did also tell me they only sold the garage for $6600 which is half what the country assessed it's value at. so they are offering me considerably more than what they sold it for early this year. he knows the garage is easily worth double that. they sold them dirt cheap (as I suspected). so all the appreciation for the garage in 13 years will mostly go to the developer and the LLC that purchase the garages from the developer if I accept the 8K.

    by the way, I think most the recent developments my agent has not shared with the developer. for example, the agent who worked for the developer (but no longer does)
    says the external garage was sold with the sale. I don't know the developer is aware of that. the initial appraisal that shows the external garage in the appraisal. and then the ADDENDUM from the title company that shows the external garage was sold......or it was suppose to be part of the sale of the townhome.

    can I take the 8K and still sue in court my agent and the seller for the difference between what the developer paid me and what I lost? if my loss is 20K and they paid me 8K then I sue for 12K. maybe I should consult a lawyer ASAP.


    also, my agent called and said they do have an ADDENDUM at the title company that shows during the FIRST SALE of the townhome the external garage WAS INCLUDED IN THE SALE. as for why the deed was not transferred, the answer my agent gave wasn't entirely clear. he said the title company believed there was a separate BILL OF SALE for the external garage. so right now it looks like the title company just didn't transfer the deed over. and apparently the title company has called in their lawyer to look over there documents and see what is going on. right now the title company is searching on their computers for an electronic copy of the FIRST PURCHASE CONTRACT between the developer and first time buyer stating the external garage was sold with the unit. I think if they find that, I think they believe any liability for this whole problem will shift back to the developer. or they just believe the developer with be forced to fix the problem. you can't be selling a piece of property twice and get away with it. even if you can (legally) get away with it, it might not be that smart of an idea.

    let me ask the million dollar question as I think this is where this will end up.

    is it legal to sell a piece of property twice? and I will explain exactly what I mean. company X sells a property (property A).....signs a real estate contract which they wrote up which states property A is sold to james johnson for 5k. james johnson pays 5K and begins using the property.....but he never actually gets the deed transferred over to him (for whatever reason). company X realizes at a later time they have the deed for property A so they put it up for sale and sell it AGAIN to another seller. this time the DEED IS ACTUALLY TRANSFERRED to this owner (unlike during the first sale).

    in this instance, did Company X do ANYTHING CRIMINAL when they sold a property they had ALREADY SOLD (according to a real estate contract they signed) and collected full payment for that property from the FIRST BUYER? has company X broken any CRIMINAL LAWS? if so what? has company X broken any CIVIL LAWS? if so what? and who......if anyone has possible recourse against them.

    REGARDING
    "If the garage was included in any prior sale there would be a contract reflecting that and a deed supporting the inclusion of the garage. Since it appears no deeds included the garage, it wasn’t included in any sale. "

    from what my agent said, there was a SEPARATE BILL OF SALE for the external garage. when he says BILL OF SALE, I think he means real estate contract. the title company is going through their data backups and my agent believes they will be able to retriever both contracts.

    my best guess as to what happened (at this point) is the developer did sell the external garage to the first buyer of my townhome (if you go by what the real estate contract says). however, only the deed to the townhome was transferred to the new owner. for some reason the deed to the external garage was never transferred to the buyer who bought the townhome I am now in.

    did the title company screw up? would it be possible they could actually not transfer the deed over from a sale? if so, would they have insurance to cover anyone that had a financial loss due to the deed to the external garage not being transferred the first time? that would be ME by the way.

    QUESTION.........

    do title companies every just forget to transfer over a deed during a real estate transaction? and then 10 or 20 years later and 3 owners later someone realized they
    don't actually own what they should have (because the title company forgot to transfer over the deed)?

    do they have some type of insurance to cover such a big mistake? surely big losses could occur when a deed isn't transferred as it should be.

  7. #37
    Join Date
    Jun 2019
    Posts
    16

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

    NEW UPDATE. original contract found. interestingly right around the time the title company found the original contract (from 13 years ago) (stating the purchaser of the townhome would receive external garage #8) the developer called. they acknowledged some screwup at the title company when they sold the townhome to the first owner.
    but they wanted to MAKE IT RIGHT. so they offered me 10K (half what the garage is probably worth) and asked me to sign a QUIT CLAIM DEED. I said, let me look into it and hung up. I told the real estate agent what happened and he said the garage has a CLOUDED TITLE and I am actually PART OWNER of the garage even though I do not have the title. IS THIS TRUE? also, how do they remove the CLOUD OFF THE TITLE besides me signing the QUIT CLAIM DEED? I am just trying to get the garage back and want to know HOW POWERFUL of bargaining position I am in. the LLC bought it to RENT IT OUT and I am not sure he can when the garage has a clouded title.

  8. #38
    Join Date
    Oct 2016
    Posts
    3,129

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

    Then this is a title issue and you should contact your title insurance company.

    1. Sponsored Links
       

Page 4 of 4 FirstFirst ... 2 3 4

Similar Threads

  1. Land Use and Zoning: Denied a Permit for a Garage, but Required to Park Commercial Vehicles in a Garage
    By dixiejeep in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 07-13-2017, 05:01 AM
  2. Sales Agreements: Car Purchase That I Thought Was Final is Still Pending
    By RedHeadJKB in forum Cars and Dealerships
    Replies: 2
    Last Post: 06-22-2014, 07:16 AM
  3. Homeowners Associations: Parking Issue with Townhome Association
    By TomPA in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 11-21-2010, 07:20 PM
  4. Rental Agreements: Why should both spouses sign a lease for a townhome
    By tinamarieg in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 09-02-2005, 10:19 AM
 
 
Sponsored Links

Legal Help, Information and Resources