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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54833
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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We are located in the state of, My wife and i purchased a

Customer Question

Hello, we are located in the state of washington, My wife and i purchased a house just yesterday, We had sold our home and had to move into a motel until our new house closed, It finally closed yesterday and we had planned on moving in today. Last night at 5 oclock our realtors told us we could actually not move in as it did not pass occupancy, This was never disclosed to us or anyone, Only the home owner new and the realtors, . Now we are forced to stay in our motel and are completely lost as what to do??? Our lender asked for more information and nothing was disclosed to him either, We are lost as to how this can happen and it what direction to turn to.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Hi there. My name is ***** ***** I look forward to helping you.

This is going to be at the expense of your seller. Your seller is in default and any costs and/expenses you incur, including room and board, storage, second move costs, etc., are going to be his obligation. The seller is obligated to disclose anything the seller knows or should have known that a reasonable buyer would consider material in making the decision whether or not to buy the property. This clearly qualifies as a material matter that should have been disclosed and is clearly something the sellers knew or should have known. What you want to do is raise the stakes on your sellers. You should send the sellers a certified, return receipt requested letter detailing the situation and lack of disclosure and demand they compensate you to remediate the problem within a short specified period of time. Inform your seller that if they do not timely comply with your demand, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on their record.

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