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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36399
Experience:  Texas Attorney for 30 years dealing in real estate
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My wife and I were in the process of closing on a

Customer Question

My wife and I were in the process of closing on a short sell property. After signing the contract with a 10-day option period we proceeded to the next step, which was getting an appraisal and the house inspection. To our surprise we found squatters (March 23, 2016).
Our realtor guaranteed that they would be evicted in 2-3 weeks tops. Unfortunately this was not the case. Our realtor claims the squatters paid $9,000 cash and has a lease a will protecting them. Our realtor also said the constable, owner, and listing agent all met up at the house and the owner said he was not aware of people living in his house. Moreover, the lease at will does not have the owner’s name.
I’m confused because one would think, since the owner claims he has nothing to do with the lease at will that should be enough grounds for trespassing. Regardless, the listing agent and the seller claims they are doing everything they can to get them evicted, but nothing is happening. This is kind of strange to me because they are claiming they are doing all that they can, but nothing is happening.
Also, the lenders dealing with the short sale have agreed to give them money to relocate, but they denied the money. They have water and electricity turned on and I have no idea what their motives are.
5 weeks later (April 27, 2016) our realtor is claiming that the short sale period is over and that the seller will no longer be involved in this process. He is still claiming the property is ours and that we should be patient.
What are our rights? A lawyer that I was talking to said the root of the problem is behind the listing agent. First off, she (listing agent) didn’t check on her property after getting the contracts signed. Secondly, she has no experienced in this situation. She did not seek professional help and delayed the process. Now we are out of the short sale period and the house is in the foreclosure period. Moreover, our signed contract expires April 29, 2016.
Because of the listing agent and seller, my wife and I are suffering. We had to extend our lease and we still have no idea what is going on or what to expect.
All we need to do is get an appraisal and the inspection so we can close on the house. We already completed with underwriting process and got approved. What can we do to get these people out of the house so that we can close? And if our contract expires what can we do? Do we need to hire a lawyer to take over this process? My wife and I don’t trust the realtors and we have a binding contract.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Ray replied 6 months ago.
Hi and welcome to JA. Ray here to help you tonight. Seller is in breach of they cannot give you a vacant house at time of closing.You can seek return of your earnest money here sue under terms of the sales contract.You may consider a local lawyer here if you want to sue for breach of contract.You may seek damages here in such a suit including lawyer fees and costs.
Expert:  Ray replied 6 months ago.
You the home buyer has certain remedies available if a seller wrongfully fails or refuses to perform the obligations under a contract for the sale of real property, including:money damages for breach of contracttermination of the contract and return of the deposit, plus payment of reasonable expenses, and/orspecific performance of the agreement—in other words, completion of the home sale.
Expert:  Ray replied 6 months ago.
If you decide to sue here is lawyer referral.. I appreciate the chance to help you tonight.Thanks again and the best here.
Expert:  Ray replied 6 months ago.
If you have follow up please just ask. If you can positive rate when we are done it is always much appreciated.

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