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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I am a 75 year old man suffering from beginning alzaimer. I

Customer Question

I am a 75 year old man suffering from beginning alzaimer. I got into a contract to sell my house and it has been a nightmare for me and my 62 year old wife. In the first place I told my agent I was going to forthworth Texas where my son lives to find suitable housing before I decide to sell my house. The day before leaving for Texas my agent came to my house in the evening and told me to initial an acceptance offer which I did. He did not explained nor left me a copy of the offer. We did this in my garage on top of my washing machine. He left immediately. While in Texas I could not find suitable housing and I call my agent to tell him I did not want to proceed with the sell of my house. He then told me I could not back out because the buyer would sue me. When I got back home from Texas my agent had be sign the contract without the signature by buyer.
On the visual inspection by buyers and their agent this last one already knew that I did not want to sell my house and told me in case I back out she would sue me. Then she order and private inspection and appraisal by the bank of my house. The inspector found multiple repair defects including termite damage to the house which I had fumigated about 6 months ago and many code violations. An addendum was written up by agent noting all the necessary repairs initial by me but not by buyer. Another addendum stated that I decline to make any repairs whatsoever initial by me but not by buyer. Then the bank appraisal found the wall heater to be defective and did not approve the loan until the heater would be in proper working condition. My agent got his own heater repairman and gave him out of his own pocket $90. dollars for the trip. The repairman found the heater too old and needed replacement which would cost $2500 to $4500. Then my agent told me, "I know that you want to keep the house so I wish the appraisal will come below the offering prize." My agent knew it would not be appraised below the amount offered by buyer because it was, I later found out, below market value. this why the buyer wanted my house with all the thousands of dollars of repairs.
Then buyer's agent order her own private heater repairman to come to my house and evaluate the heater and also found to be in need of replacement. The buyer's agent told my agent that she would have her repairman install a wall heater in my house to which a categorically decline. Then by agent told I was obligated by contract to allow buyer's agent to put a new wall heater in my house. there is no such thing in the contract. If I did not allow the installation of the heater both he and buyer's agent would sue me.
The last time agent made an evaluation of house being sold was in 6 months ago and values tend to increase.
Then I told my agent over the phone that I did not like how the sale was being done and he responded by tell me, "you want to weasel out and if you do I will sue you." For an agent to tell that to his client led me to believe he was not on my side. Then he came over to my house and told me would give me $ 5,000 for moving expenses so that the sell of my house to be continue. The addendums for repairs were initialed by me on the 14 of March and by the 24th of March I still had not received signed copies by buyer to which I ask my agent how come he has not gotten them from buyer's agent to which he said, "she is stalling." First of all, I did not want to sell my house knowing I would be out of a house and no where to go. Second of all, I was not comfortable with the way the transaction was being handled.
my agent told he would do an estate sale free of charge. My wife had told her employer she might be leaving to which her employer said he would get someone to replace her. Still we did not have the addendums signed by buyer. On the morning of 25th of March I told my wife that since we did not know if buyer was going ahead with the buying transaction she should should tell her employer that she is not leaving so she would not lose her job. I told my agent what if we sell all our furniture on the estate sale and what if my wife lose her job then what? To which he responded, "you sue the buyer." I did not like the answer whatsoever. Escrow was to close on April 4 and buyer was reluctant to give us more time beyond that date because we did not want to fix the repairs.
That morning of the 25th of March I went to the escrow office and asked escrow agent, Rosa Brown, to give me a statement of cancellation of escrow. She said the only one that could do it was the my agent. Immediately, after I left she called my agent to let me him know that I intended to cancel escrow. It is my belief that my agent and buyer's got together to finalized the addendums and give an extension of time. At 4 PM 25th of March I decided to send a letter of cancellation of escrow to my agent, broker, and escrow. But I had already made up my mind to cancel. He brought the documents to my house at 9:07 PM on 25 March.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Loren replied 8 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 8 months ago.

Was the water heater replaced? Was the mortgage approved? Is the buyer prepared to close?

Expert:  Loren replied 8 months ago.

Are you online with me?

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