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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16227
Experience:  13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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Trying to buy a home the realtor I won't give her name yet

Customer Question

Trying to buy a home the realtor I won't give her name yet knew I was just coming out of bankrospy would not be good till November of 2016 found the perfect home for us but we were not ready yet she knew all this she told us we could get this home as a lease reamind you she took us too a bar told us we had too give first and last mount 1700.00 till December this was all in May 2015 told us to tell landlord we were moving and we did the day before we had too pay she says she messed up saying we had too come up with 5000.00 that day well we did not have it we had the 1700.00 because she messed up she gave us the 3300.00 to make up the difference then we find we had too put another 935.00 plus 850.00 too realty agent which put us in a very bad place their is so much more too tell hope you cane help
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Legalease replied 6 months ago.
Hello there ---You said this all started in May 2015 -- did you move into the house? Was there an actual purchase and sale contract signed?Was there a lease or a Rent to Own agreement signed?-What is the current status if you are actually living in the house? -MARY
Customer: replied 6 months ago.
Yes we did move into the house No purchase or sale contract Lease agreement was signed Still living in the house
Expert:  Legalease replied 6 months ago.
Hello again ---So you are basically living in the house with nothing more than a verbal agreement with the realtor ? And you have been there for almost a year?-MARY
Customer: replied 6 months ago.
Yes there is a lease it was filled in over email The realtor say's or claims that she has the power of attorney from the seller to do all I think I have a real problem on my Hands I have written said owner 3 times when I send payment to contact me still no response from her
Customer: replied 6 months ago.
I have all recites from day 1 and keep on file all trans actions
Customer: replied 6 months ago.
Also no rent to own agreement
Expert:  Legalease replied 6 months ago.
Hello again ---What matters in this situation is the wording of the lease. Is there any language in there for a rent to own situation or that you will be permitted the first offer on the property ? Or is it simply a straightforward lease document?-MARY
Customer: replied 6 months ago.
It is a straightforward lease document
Customer: replied 6 months ago.
It is a straightforward lease document
Expert:  Legalease replied 6 months ago.
Hello again ---WHat that means is that you are a tenant and the seller can sell the property to any other party if they wish to do so without offering you any rights of first refusal. All of the money that you have paid has also gone towards Rental payments and the initial amount that you paid was most likely for a first and last month's rent amount and a security deposit (all of these things are most likely set forth in the lease document). A verbal agreement with the realtor is not enough legally for the seller to hold this property for you until your credit clears up in November 2016. Obviously, you can keep trying to get the seller to put something in writing to sell the house to you but under the circumstances, you are in a landlord and tenant relationship and you have no further rights beyond that. If the seller finds another buyer before you are ready to purchase, he can legally sell the house and the new owner has the right to give you thirty days notice to vacate the premises or they can evict you through the housing court eviction process. -The Ohio division of real estate might be able to assist you if you file a complaint against the real estate agent and the company that she works for -- they have an obligation to investigate all complaints and your complaint against her would be for misrepresentation under the circumstances -- you believed at the very least that you would get first option at purchasing the house in Nov 2016 and what you have is no agreement for any of it. She took your money and put it towards rent and a rental contract on the house. Here is a link to the Ohio real estate department complaint form -- there are instructions and the place to mail it right on the form: hope that helps. I truly wish I could tell you something differently here, but I cannot. Please let me know if you have any further questions. If not, can you please press a positive rating so I will be paid for my time assisting you. I receive no credit unless you press a positive rating above at the top of this chat session. Pressing a positive rating will not cost any additional money -- it simply acts as a trigger to Just Answer to pay me for my time helping you today. THANK YOU VERY MUCH. -MARY

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