Expert: Dick Dennis - 7/26/2008

Question
My husband and I were in the process of purchasing a lot from a homeowner we spoke with them 3 or 4 times regarding the property price etc. We negotiated a deal with the wife ask if she needed to discuss the sale with her husband she said no he does not like the money part of it. We left her a deposit and told her our bank would contact her regarding closing it should be within 3-4 weeks. The next morning the husband called and said he was sorry he did not want to sell the property. I tried to negotiate with him as to more money assure him we were kind people give him access across our property to mow so as he would not have to enter the street, offered to purchase the farthest lot etc. He then called my husband and stated short and sweet the deal is off your check is in the mail and hung up. Take notice of our last name we were born in the United States as were our parents. What can we do?
Thank you,
Kristia Gonzales

Answer
Number one, apparently, Kristia, the property must be in the northern half of this country, or maybe it was Texas. But second and most important, Kristia, is that it seems you did not have the deal written on an agreement or contract. Please keep this in mind: In real estate, if it is not written, it was never said. When it is not written on paper, you are at the mercy of the other party.

I don't think you want to go through the expense of hiring a real estate attorney. But now you can understand the value of having a real estate attorney or a Realtor working for you. Both of them would have made sure your transaction would have gone through even though it may have cost you a little more. On the other hand, a good Realtor may have saved you money in the negotiations.

There is one way of doing this, but it will cost you a little more: Hire an attorney to buy the property for you and have him/her not disclose who the buyer is. The attorney will say, "I"m not at liberty to disclose my client's name."

If your transaction WAS on paper, then you should have the real estate attorney enforce your rights. I do wish you well.

Dick Dennis
California real estate broker and Realtor
dixiedee13@aol.com