Buying or Selling a Home/SELLER NIGHTMARE


Hi -
My boyfriend and I are buying a home and we've been going through an insane process in order to get this home.

Everything is lined up on our end. We've had a change of closing date three times already.

My major problem is the fact that we were lied to. A month ago, the seller found out there were two large liens against the house. We were not told until last week. Now unless the state accepts our offer we are out a lot of money we've already invested. Our lawyer is now charging us with a title search fee.

My question is, is there ANYWAY legally we can make the seller's pay for the two inspections we had to go through + the title search given the fact that they signed contracts KNOWING that there may be a problem?

They also have signed the contract for partial closing fees and now the state will not accept that. Is this legal?

You don't say how much this transaction has cost you so far, Jackie, because if it were me I would tell them to go fly a kite and take them to small claims court for all the costs . . . providing it doesn't amount to more than $10,000. Check the limitations in your state to make sure $10,000 is the most you can sue for.

It's going to consume probably two months of your time . . . if not more.

There is something you are going to have to realize, Jackie, and that is "He who wants it most, loses." That means if you want the house more than the seller needs to sell . . . well then, guess what: You lose.

You've asked my 46 years expertise, and I've just made a sincere suggestion.

Furthermore, I strongly suggest YOU NOT BUY ANY HOUSE before you get married. I've just seen too many couples split up because they changed their mind about each other. And the cost BEFORE HIRING THE ATTORNEY is just too much. Not to mention one of the couple is going to have to absorb unwarranted costs, and too often it is the woman who gets it in the pocketbook.

Just one more thing: Your Realtor AND the seller's Realtor should have known all about the legalities of the house BEFORE you signed an offer to purchase. You may want to draw the listing agent AND your agent into a possible suit. By the way, be sure you hire a REAL ESTATE attorney if it goes that far.  I do wish you well.

Dick Dennis, California broker  

Buying or Selling a Home

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Dick Dennis


With more than 41 years as a real estate broker, I can solve most any problem presented. If I can`t, I do my research. Problems with mortgages, trust deeds, foreclosures, odd ways of conveying titles. Most any good Realtor can answer questions satisfactorily, but I answer questions that most cannot. Also, ask about my hard-copy newsletter, The Landed Gentry. It can also be sent to you via PDF.


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