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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27593
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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My husband and I sold our house a year ago. The buyer agreed

Customer Question

My husband and I sold our house a year ago. The buyer agreed to take over the solar lease. Our agent didn't get this into the closing documents. The lease is in our name. We are responsible for the payments. Our agent makes some of the payments. Both brokers and agents want to pay the buyer to assume the lease. I do not. We agreed to mediation. Our agent seems to think this is all because of the buyer. I think this is all because of him not doing his job well. Help
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have text messages from our agent stating that the buyer agreed to take the solar, and text messages from him stating he goofed up.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 9 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 9 months ago.

What is the buyers position here? Are they refusing to pay and take over the lease? Prior to closing, did not nobody read over the closing docs and any agreement, to evidence the assumption of the lease?

Customer: replied 9 months ago.
The buyer refuses to assume the lease, unless we, both agents and both brokers and we the sellers pay him. This was suggested by my agent.
Expert:  RealEstateAnswer replied 9 months ago.

Is there anything in writing, to evidence that they were going to take it over or was it all verbal and not they are lying?

Customer: replied 9 months ago.
I have text messages from our agent stating that the buyer had agreed.
Expert:  RealEstateAnswer replied 9 months ago.

Thank you. In a situation like this, your remedy may be to go after and sue the agent. I say this because unless you personally have something in writing, to show and support there was an agreement with the buyer to take over the solar lease and it was a condition to the sale of the home, they could simply deny this was ever discussed. I know the agent said the buyer agreed but you do not necessarily have anything first hand to evidence that and unless the agent does, they may be just making that up. That is why if you have evidence to show the agent messed up and was negligent and failed to properly represent you and include this, you can try and go after them and sue for damages suffered and get them to pay it off. I think you are doing the right thing by trying to mediate this but there is no reason to pay the buyer for something which they agreed to, as a condition to buying the home. If they want to be paid, get your agent, who messed up, to agree to make the payments, to avoid being sued by you and you filing a complaint against them, with the State, against their license.

Expert:  RealEstateAnswer replied 9 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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