nothing's ever simple any more - Page 2 - PeachParts Mercedes-Benz Forum

t walgamuth · #16 09-18-2013, 04:46 PM

I've had situations like this (on cars and apartments) where someone wants their deposit back for no good reason. I have given half back on several occasions to avoid hard feelings. In this case if I did that I'd include an agreement that that was the end of it drawn up by my attorney.

JB3 · #17 09-18-2013, 04:55 PM

Quote:

Originally Posted by elchivito

My CPA/lawyer cousin tells me she can only cancel the sale for cause and hope to get her $$ back ie; I didn't do something I agreed to in the contract, which is not the case. Her agent has written in emails to my realtor that she has "changed her mind". In other words, she didn't do her homework before making the offer. Oops.

well then its party time at elchivitos

just draw up a new sign that looks like this-

t walgamuth · #18 09-18-2013, 05:10 PM

My son had his house for sale a couple of years ago. A couple put In an offer to buy with a delayed closing until their house sold. In the mean time in their exuberance they paid to have a very nice deck installed that must have cost at least $20,000 and a nice fence around part of the yard. Their house did not sell in a timely manner. They backed out of the deal leaving behind the improvements. He subsequently sold the improved house to another party. Nothing came of it but the whole deal made me very nervous. If me I probably would not have allowed them to improve the property before closing.

I have had too many deals where it looked so cut and dried but when the lawyers and judges were done I didn't come out so good, so I am pretty cautious.

Brian Carlton · #19 09-18-2013, 05:41 PM

Quote:

Originally Posted by JB3

ive got one that I use that was a former engineer. Honestly, I use him more as a form of insulation so I don't have to talk to people.

...........but you love to talk...........

Now, myself............I could definitely use that former engineer.........talkative fellow..........because, apparently, I cannot rent a simple 2 bedroom rental house by myself.

kerry · #20 09-18-2013, 06:18 PM

If I put an apartment on Craigslist around here I'll have calls or messages within 5 minutes and a renter will be found within 24 hrs.

t walgamuth · #21 09-18-2013, 06:24 PM

Quote:

Originally Posted by kerry

If I put an apartment on Craigslist around here I'll have calls or messages within 5 minutes and a renter will be found within 24 hrs.

Good market! I never have any vacancies unless someone gets transferred in the middle of a lease or similar but there are enough choices that I start renting in February and finish up in August. Its work, but doing it myself I get to size them up.

Botnst · #22 09-18-2013, 06:34 PM

Quote:

Originally Posted by MTI

uh, when was it simple?

Before those damned republicans.

rs899 · #23 09-18-2013, 06:35 PM

I would say that if you didn't agree to do those things in the contract they don't get done. That's why there are contracts, to protect you from that crap. Lawsuit for what?

kerry · #24 09-18-2013, 06:52 PM

4.2 percent vacancy rate around here.

Hatterasguy · #25 09-18-2013, 07:00 PM

Having been in this situation I'd just return her money. Because while you might be legally right, she will sue you. This will cost you money and tie the property up.

OTOH if you have time and don't mind the property getting tied up for a couple of years have fun with it.

But chances are it will go to court and you will be forced to settle for actual damages.

People are nuts, I deal with them every day in this business. I could bend your ear over beers for an entire day about some of the things that have happened to me, or other people I know in the business.

Hatterasguy · #26 09-18-2013, 07:05 PM

Quote:

Originally Posted by Brian Carlton

Been trying to rent the two bedroom house for over two months.

Have had at least 20 people make an appointment to see it. Only five showed. The other 15 didn't show and didn't call.

Of the five, two found it to be too small. Three of them definitely wanted to rent it and, for one reason or another, would return the next day, or within two days to place a deposit. Made a confirmed appointment to return and pay the deposit.

None of the three showed. Two never even bothered to call.

Finally gave it to the real estate folks...........trying to save renters a commission isn't worth the effort.

It's NEVER simple.

The vacancy rate in your town must either be very high, or provided the property is comparable to whats in the area, its to expensive. Rentals are funny, if your off market by $100 you won't get much. Sounds like your just above market, trying knocking $100 off the price every two weeks until you get a ton of interest.

I just signed a two bedroom house lease today on an old POS I have which I'm tearing down in 12 months. The previous tenant I inherited was paying $1,300. Market in good shape is $1,800+/- and their is NFW I'm putting enough stuff into it to get it in good shape.

So I said I would accept dogs and I'm only fixing minor issues. Rented it in one day for $1,550. Last tenant moved out yesterday, new peps are in the 1st. Tree guy is over their today cutting up some trees, landscapers are going over at the end of the week to make the outside pretty, and I have to fix a sink. Other than that cleaning lady in next week and that's it. House is presentable just needs updating, although the PO put a new furnace in.

t walgamuth · #27 09-18-2013, 07:07 PM

Quote:

Originally Posted by Hatterasguy

Having been in this situation I'd just return her money. Because while you might be legally right, she will sue you. This will cost you money and tie the property up.

OTOH if you have time and don't mind the property getting tied up for a couple of years have fun with it.

But chances are it will go to court and you will be forced to settle for actual damages.

People are nuts, I deal with them every day in this business. I could bend your ear over beers for an entire day about some of the things that have happened to me, or other people I know in the business.

Yeah, I think Hattie's right. You will only get damages. $40,000 is not a reasonable amount of earnest money on an offer to purchase unless the property was huge, worth millions.

elchivito · #28 09-18-2013, 07:47 PM

Quote:

Originally Posted by t walgamuth

Yeah, I think Hattie's right. You will only get damages. $40,000 is not a reasonable amount of earnest money on an offer to purchase unless the property was huge, worth millions.

It was perfectly reasonable. 2.5% of the purchase price is pretty much standard around here on properties over 250K or so. It's a 43 acre creekfront parcel with an 1800 sf remodeled historic river stone home, a 4K sf. barn, fenced and cross fenced, outbuildings, lighted corrals, an arena and other livestock infrastructure. A turnkey high dollar horse farm w/ no deferred maintenance.
I am going to go slow and feel things out in spite of my feelings. I don't think she intends to push the issue, but the $$ has to go back into an irrevocable trust, not like I'd get any benefit out of it anyhow. If I get an indication she thinks the only ammo she has is running out the contract, I'll keep it. If she begins making lawyer noises, I'll start negotiating to return a portion of it. For now I've told her to go pound sand up her oh so continental backside.

The Clk Man · #29 09-18-2013, 07:53 PM

Quote:

Originally Posted by elchivito

My question too. The almost-buyer is from Tuscany and clearly has a lot of money. She has a buyer's agent representing her who is from a good brokerage near here, but as near as I can tell she's batshlt crazy.
She agreed to buy at asking price and immediately put the $$ into escrow, the sales contract specified closing no later than Nov.1. Then, the buyer's agent began making demands.
She wants the tractor. No, she can have the tractor for 12K but it's not part of the sale.
She wants you to open the closed well on the upper portion of the property and get it hooked to grid power and install a pressure tank and verify output. I said no. One day my well guy shows up to take care of it, unbeknownst to me. I told him I wasn't paying him, he said "I threw them a price and they paid it up front, no worries". I'm sure that cost her another 5K at least, turns out it's a great well and I get it for nothing.
She wanted the fences in the lower pastures along the creek repaired. I said no, we don't bother with those fences anymore, they blow out about every 5 years during high flows anyhow. Keep your animals in the upper pastures.

Now all of a sudden she's decided she doesn't want the place. I don't know if her agent thinks she can bluff me into returning the earnest money or what, but she isn't getting it. The whole thing doesn't make a lot of sense but I suppose there are people for whom 40-50K is pocket change.

Now is she Batshlt crazy or apeshlt crazy because there is a BIG difference let me tell ya.

Diesel911 · #30 09-20-2013, 10:54 PM

Quote:

Originally Posted by JB3

Id give her the money back too. You got free improvement to the property out of it already with the well thing, and I wouldn't want to get into a lengthy and stupid lawsuit with this woman. What does your lawyer say about the contract, is there a way to keep the money?

If not, id give it back and call it good to be rid of her. Sell it for more later because of the new well improvement.

As long as elchivito is within the Law the Lawsuit would be more of a waste of Money for that Lady.

If a Lawyer knows He cannot recover Money off of a Lawsuit He/She is going to want to be paid upfront.
And, the Lady does not sound like She could take care of the Lawsuit Herself.

Also the amount of Money involved is too much for Small Claims Court.

So a Lawsuit would mean only the minor inconvenience of elchivito having to show up in Court.

On the other hand if the Lady could come up with a Doctor that would say She lacked the Mental ability/crazy to be held responsible for the deal She could get the Money Back.