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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 12223
Experience:  Licensed General Practice Attorney, Texas
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I sold my home in Orange County , Ca 4 years ago. the man that

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I sold my home in Orange County , Ca 4 years ago. the man that bought it could not ge financing, but wante the house . That was 4 years ago I had agreed to wait 1 yr for them to get financing. I signed the deed over to them but it is not registered til they finance. The relator I had has dealt with all of this , but she no longer will answer my calls or e-mails . Can I list the house for sale with another realtor since it is leagally still in my name.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 1 year ago.

ScottyMacESQ :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacESQ :

I am sorry to hear about your situation. Can you tell me if you actually gave them the deed, or do you still have possession of the deed that transferred the property into their name?

Customer:

I think the relator that handled the sale has the deed I can not remember but I got a copy from the county and the house is still in my name. I do not want a monthly plan with this, just a one time answer

ScottyMacESQ :

Okay. After we're done I will let customer service know that you don't want the monthly plan.

ScottyMacESQ :

So to be clear...

Customer:

You will not be charging me more then $49 will you?

ScottyMacESQ :

You do not have the deed yourself, correct?

ScottyMacESQ :

I don't have any control of how you're charged. I will let customer service know and they can make certain that you're not charged more than that.

ScottyMacESQ :

So I, personally, will not be charging you anything.

ScottyMacESQ :

Do you know if your realtor has the deed, or was it actually given to the buyer?

Customer:

I have something every thing is so vague, but I do have a deed of some sort plus the copy I paid for from the county. I am living on social security only and can not afford to do too much with this. I can not make contact with the relator dealing with this as I said she is avoiding me like t e plague

Customer:

The realtor says she is holding it and has not given it to the buyer. She was a friend ,but I do not know anymore

ScottyMacESQ :

I understand. if the deed was not actually delivered to the buyer, then the formal requirements for a deed transfer have not taken place. If the deed had been given to the buyers, even though the deed was not recorded with the county deed records, then it would be a valid transfer in which you would need to file a lawsuit against the borrowers for a breach of contract.

Customer:

She came to me over a year ago and had me sign a paper letting her list the house, but she did not list it as far as I know as I could not find where it was on the market. But because I had to sign papers for her to sell it tells me it is still mine

ScottyMacESQ :

in short, if the realtor still has the deed and it was not delivered to the new buyers, and you could sell the property to some other individuals. There could be an issue, however, the ping on what the actual contract says in regards XXXXX XXXXX much time they have to try to obtain financing, etc.

ScottyMacESQ :

but the law does assume that contingent requirements in a contract will be done in a reasonable period of time if there is not an express period of time required under that contract

ScottyMacESQ :

Furthermore, you might have a contract with the realtor to exclusively list with that realtor.

ScottyMacESQ :

If the realtor gives you trouble, you could make a complaint with the state real estate board (or threaten to), which is something that licensed individuals really do fear.

ScottyMacESQ :

Attorneys, realtors, accountants, etc... don't really worry about lawsuits, as we have insurance for that sort of thing, but complaints (and threats of complaints) with the licensing boards really do make us more willing to take action.

Customer:

They originally had I year, when that year was up, I agreed and signed for another year, and again at the end of that year . The last paper I signed has expired and I have not renewed the agreement . So all is in limbo now with no signed agreement in affect. Every thing has expired the dates

Customer:

I have threatened to report her but I do not know how to go throught with my threats and actually do it.

ScottyMacESQ :

That's good. Again, if the contract specifically says that delivery of the deed is contingent upon financing, then failure to meet that contingency means that they forfeit that option, and you're free to list the property for sale again.

ScottyMacESQ :

That's the website, along with a description of the process, of how to file a complaint with the Bureau of Real Estate against a licensee.

Customer:

So if I can find a realtor that will list the house for me I can re sell it.? My son keeps telling me that I can and he has looked at all my papers but he is not in real estate so I want to be sure. He tells be all contracts are expired and they are in breach, so that is what you are saying also?

ScottyMacESQ :

It depends on the actual language of the contracts, but if they're expired and the contingencies have lapsed and been unfulfilled, and the deed not delivered to the buyers, then yes, you could relist it with someone else and sell it to someone else.

Customer:

But they could not let another realtor show the house. I understand they are renting the house out.

ScottyMacESQ :

That does make things a bit more difficult, but if you own the house, you can evict them.

Customer:

Is there a way I can print our conversation out so I can go over your answes for me?

Customer:

That is what my son says too.

ScottyMacESQ :

after you read this answer, it will turn in to question and answer format, at which point you will be able to print it out.

Customer:

What I have to do is see who has thwe deed?

ScottyMacESQ :

If it's not recorded, and not delivered, it sounds as though it's with the realtor. Again, a threat of filing a complaint might work in that regard.

Customer:

I thank you very much. I do not think I have any more questions unless you can think of something else I should know

ScottyMacESQ :

My pleasure, and I can't think of anything else. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Please do not forget to let whoever know I do not want a on going accout as I can not afford it. I do not want them automatically charging anything to my pay pal account.

ScottyMacESQ :

I will do that.

Customer:

Thank you and Bless you.

ScottyMacESQ :

You're welcome, and again, good luck to you!

Customer:

will I be able to print this after I rate you

ScottyMacESQ :

Yes.

ScottyMacESQ :

You might need to refresh the page (F5), but it will switch to Q&A and you should be able to print.

Customer:

Okay , Bye and thanks

ScottyMacESQ :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 12223
Experience: Licensed General Practice Attorney, Texas
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ScottyMacESQ
ScottyMacESQ
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Licensed General Practice Attorney, Texas