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  1. #1

    Exclamation Problems With Home Seller and Seller's Agent

    Will try to keep this short, and will put them in numbered facts/questions

    1. Agreed after much coaxing by seller to go ahead and lease a home we were in process of getting financing on, in order to get better rates on loan. This was in March '07, lease was for 6 months, verbal agreement that if it took longer than 6 months, we would have the option to extend for 6 months.

    2. Seller's RE agent takes it upon himself to begin calling our lender repeatedly, falsely claiming to be our agent, wanting "updates". This began around August '07, and continued up until 3 weeks ago, when lender informed me that she was "tired of your agent calling all the time." First I knew of it.

    3. Sept '07 - Seller and his agent have failed repeatedly to provide lender with requested information. Seller verbally agrees to extend lease. Loan is in underwriting, and can't be totally approved without this information. This continues til today.

    4. In September, I also paid for new appraisal, and have yet to get a copy of it. RE agent (seller's) had appraiser send to him. My lender needs this, and we can't get appraiser to send to lender, and RE agent keeps putting both lender and I off.

    5. Nov '07 - Seller now claims he has not received lease payment(s).(He has tried claiming in the past also) I have proof in receipts from seller's agent, and signed bank money orders that seller has endorsed. Total adds up to MORE than total lease amount of $13.67/day.

    6. Seller places notice to vacate on door of home, claiming non-payment of rent/lease payment.

    7. I go to RE agency OWNER, who after looking over my receipts, sees that I am actually AHEAD in lease payments. Agrees to look into matter. Calls seller's RE agent into office in front of me, and requests copies of lease and purchase contracts. He says he does not have them, that they expired in Sept. I bring up verbal contract to extend, and that he was aware that a new contract was supposed to be drawn up. He agrees, but states that it hadn't been done yet.

    QUESTIONS:

    1. What, if anything, can I do? We are set with lender to close in less than two weeks!

    2. Is it legal to do what they are doing?

    3. Do I have any legal rights to fight this?

    4. Any question you can answer that I didn't think to ask?

    I am lost, and have no idea what to do! My husband recently had a heart attack, it's less than a month til Christmas, and I am stressed out as it is, without this latest headache!!!!! SOOO.....any advice at all would be greatly appreciated!!!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Problems With Home Seller and Seller's Agent

    1. You can hope the paperwork is provided.

    2. To be lazy and stupid? I can only wish it were illegal. I don't think they're going to try to do more on the eviction, but you would obviously have a defense if they do.

    3. If the closing is not successful, you can sue to try to force the sale. (Investing thousands of dollars and a considerable amount of time.) You can sue for damages instead, if you can quantify your damages.

  3. #3
    Join Date
    Jan 2006
    Location
    Charlotte NC
    Posts
    39

    Default Re: Problems With Home Seller and Seller's Agent

    "4. In September, I also paid for new appraisal, and have yet to get a copy of it. RE agent (seller's) had appraiser send to him. My lender needs this, and we can't get appraiser to send to lender, and RE agent keeps putting both lender and I off."


    Who ordered the appraisal? The only person untitled to the appraisal is the person who ordered the appraisal from the appraiser. If the lender ordered the appraisal and the appraiser sent it to the agent, that is wrong and against the rules appraisers are governed by.

    In every state there is a board that you can file a complaint to. Check with your state gov't and see what you can do.

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