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Message

re: Backing out of Purchase Agreement

Posted on 5/27/15 at 9:44 pm to
Posted by LNCHBOX
70448
Member since Jun 2009
84124 posts
Posted on 5/27/15 at 9:44 pm to
quote:

Somebody gets it.


We all get it. You're an a-hole looking to make a quick buck on a technicality. Don't act like our brains can't process what's happening here.

quote:

Contract was broken due to 10 year old, perfectly functioning AC. I offered to replace the entire thing. No dice.


Completely irrelevant. You were notified within the proper time frame. It wouldn't surprise me if your realtor was notified by the other in writing and you just didn't get it, or if your realtor told theirs that the writing wouldn't be necessary.
quote:

You tell me who's not acting in good faith?

There is nothing good about what you've decided to do. You're either going to force someone into buying a house they don't want, or you're going to try to get as much as $30kfrkm them for your "inconvenience."
Posted by KJason
Baton Rouge
Member since Mar 2008
1199 posts
Posted on 5/27/15 at 9:46 pm to
This could also cost one of the realtors their job

That probably makes you giggle


Eta: This is to OP
This post was edited on 5/27/15 at 9:48 pm
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37112 posts
Posted on 5/27/15 at 9:52 pm to
quote:

Contract was broken due to 10 year old, perfectly functioning AC. I offered to replace the entire thing. No dice.


We get it. You're, excuse my language, butt-hurt over this deal and have decided you are going to show them who's got the bigger sack.

You say you are an investor, so I get you are trying to wring every dollar out of this deal that you can. But you are showing an awful lot of emotion to be a investor. Plus, you are using an agent (apparently not a very good one) so that makes me question your "investor" cred even more.

So I'll say this.

1) If I were the buyer, I'd take the free letter your brother attorney would write me, and tell you to pound sand.

2) If you DID decide to actually take me to court, you better damn well make sure that you have every t crossed and every i dotted. That includes making sure a written recission was not actually made and just not forwarded to you.

3) Since you are an "investor" the judge is going to raise the burden of proof, to make sure you are not trying to screw the little guy.

4) Remember about karma. This stuff comes around. One day you'll be buying from a much larger investor... do you want him to take you to the cleaners?

5) I would also consider just blowing up my financing, and taking advantage of that out clause. Oh, and I'd probably blow it up a day before closing. Oops.

The simple fact is the 10 day period for getting out of the contract because of an inspection, basically gives the buyer a 10 day look. We can say that's a good or bad thing, but it's reality. Someone who is an "investor" should know that.
Posted by Tigersfan
Member since Feb 2006
2641 posts
Posted on 5/27/15 at 10:12 pm to
quote:

I was initially trying to give you sound advice as someone who buys, sells, and holds real estate when the entire time I should have called you a dick bag and ignored this thread.


This exactly.
Posted by blades8088
Covington
Member since Nov 2008
4202 posts
Posted on 5/27/15 at 11:10 pm to
Why would you come here asking for advice, then try to only defend your opinion that differs than others? Obviously you came here to make yourself feel better for trying to take advantage of the buyers. Take the deposit as many said to be a reasonable fee. If you continue to seek legality against the buyers to try and nail them to the cross, bring your pity party somewhere else to convince yourself you're doing the right thing.
Posted by TigerBite
Dallas
Member since Feb 2004
2535 posts
Posted on 5/27/15 at 11:19 pm to
quote:

Somebody gets it.

Contract was broken due to 10 year old, perfectly functioning AC. I offered to replace the entire thing. No dice.

You tell me who's not acting in good faith?


And somebody doesn't get it. You obviously offered to replace the A/C because you know you're getting a hell of a deal. That's what has you upset. You were ripping someone off and they realized it. It's not an indictment on you that you were asking a ridiculous price and got it, but it's an indictment on you that you are trying to hold someone hostage that got emotional and found you out. They're clearly not investors. They're normal people (probably 1st time home buyers) who made a mistake. Call it what you want, but you are the one looking for a technicality.

I think you said you couldn't discuss the other reasons how this would impair you and you also said you wouldn't update everyone (under some ridiculous guise that some people on this board couldn't take it) on the outcome...obviously because you are now embarrassed by your own actions, as you should be.

You're pissed off. We get it. I get it. But move on. Life is too short. For some reason the old Shawshank Redemption quote pops in my head "get busy living or get busy dying"...
Posted by TigerBite
Dallas
Member since Feb 2004
2535 posts
Posted on 5/27/15 at 11:30 pm to
In summary, and much shorter than my post above; you're pissed off because the house is not worth what you are asking. It has nothing to do with "tying the house up". You just don't think you'll get what they were initially willing to pay and you are upset. Again, move on. Although at this point you have family tied up in this and you are hellbent on your stance. My advice is to find a logical reason to "justify" you walking away to the family members you now have involved and do your best to avoid the topic in the future. Save some face and some anguish and get on with your life.
Posted by blades8088
Covington
Member since Nov 2008
4202 posts
Posted on 5/27/15 at 11:57 pm to
quote:

I won't bother updating the resolution


Somehow after reading all responses, I figured I would see this at some point. Also, how could I figure your family would be the attorney and judge along with anyone else to take part in fricking the buyers. Don't choke on your dinner.
Posted by PhiTiger1764
Lurker since Aug 2003
Member since Oct 2009
13869 posts
Posted on 5/28/15 at 7:59 am to
I honestly think people like you are what is wrong with this country.
Posted by boosiebadazz
Member since Feb 2008
80272 posts
Posted on 5/28/15 at 8:05 am to
quote:

They wouldn't even let me see the inspection report.


I'd at least use the leverage you have to get a copy of the inspection report.

I had a similar situation recently. The buyer wanted an inspection and get agreed the PA wasn't binding if something came up in the inspection. The guy tried to weasel me out of a few thousand more dollars over some tedious crap, so I asked him for a copy of the report. I was already below my lowest number, so I just told him that the price is [what we agreed to] and if he didn't accept that, I am assuming he is backing out of the PA based on the clause about the property passing inspection. I haven't heard back from him.

Posted by LNCHBOX
70448
Member since Jun 2009
84124 posts
Posted on 5/28/15 at 8:07 am to
quote:

I'd at least use the leverage you have to get a copy of the inspection report.


On what grounds? Did he pay for it? I didn't see anything about it in the contract.

And like others have said, Mr Investor would then have to disclose everything in the report. And you know the next buyer's inspector will find issues other than what is disclosed.
Posted by boosiebadazz
Member since Feb 2008
80272 posts
Posted on 5/28/15 at 8:09 am to
Hey man, you didn't back out in writing per the terms of the PA. I think I have solid grounds to enforce this thing.

I hate to be litigious. Why don't you just send me over a copy of the inspection and let me see if it is something I can rectify...
Posted by LNCHBOX
70448
Member since Jun 2009
84124 posts
Posted on 5/28/15 at 8:12 am to
quote:

Hey man, you didn't back out in writing per the terms of the PA. I think I have solid grounds to enforce this thing.

I hate to be litigious. Why don't you just send me over a copy of the inspection and let me see if it is something I can rectify...


So you have an alter and made up this bullshite? Kidding of course.

The guy was notified within the window. End of story.
This post was edited on 5/28/15 at 8:13 am
Posted by boosiebadazz
Member since Feb 2008
80272 posts
Posted on 5/28/15 at 8:12 am to
What?

Another way to get an inspection report in the future is to require the objecting party to cite to the inspection report. You get a copy and that have to be concrete about their objections.
This post was edited on 5/28/15 at 8:14 am
Posted by LNCHBOX
70448
Member since Jun 2009
84124 posts
Posted on 5/28/15 at 8:15 am to
quote:

Another way to get an inspection report in the future is to require the objecting party to cite to the inspection report. You get a copy and that have to be concrete about their objections.


I'd cite one line. You can pay half the cost of the report if you want it.
Posted by boosiebadazz
Member since Feb 2008
80272 posts
Posted on 5/28/15 at 8:17 am to
In writing, as the terms of the PA dictate?

There is such a thing as cost of defense. No one likes getting served with a lawsuit.

All I'm saying is if the guy really wanted the full inspection report, he could probably get it.
Posted by LNCHBOX
70448
Member since Jun 2009
84124 posts
Posted on 5/28/15 at 8:19 am to
quote:

All I'm saying is if the guy really wanted the full inspection report, he could probably get it.


Not without incurring more costs than it would to just buy one himself.
Posted by boosiebadazz
Member since Feb 2008
80272 posts
Posted on 5/28/15 at 8:20 am to
Depends on the sophistication of the buyers.
Posted by 13SaintTiger
Isle of Capri
Member since Sep 2011
18315 posts
Posted on 5/28/15 at 8:35 am to
quote:

Depends on the sophistication of the buyers.


This is truly all that matters at this point and I hope they are intelligent enough to see through this guys bull shite.
This post was edited on 5/28/15 at 8:37 am
Posted by blueboxer1119
Baton Rouge
Member since May 2013
8005 posts
Posted on 5/28/15 at 8:58 am to
quote:

On what grounds? Did he pay for it? I didn't see anything about it in the contract.


So now contract details are important?

You've been bitching for 5 pages about how the buyer notified me, ignoring that it wasn't done according to the contract.

And now you want to reference the contract?

So, are contract details important or not?

You can't have it both ways "brochacho".

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