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We live in Va and signed an agreement with a gentlemen to…

Customer Question
We live in Va...

We live in Va and signed an agreement with a gentlemen to purchase an inherited property in Tennessee. These gentlemen aren't licensed agents or brokers and it was suppose to be a 30 day cash as is sale after title search we were to close within 48 hours of signing these gentlemen placed a lockbox on our house and were allowing showings while our property and antiques were still in the house . When asked what they were doing they gave scripted answers. 1 even including that 1 was a broker. That's a lie. These gentlemen even sent out purchase agreements to buyers listing them as owners prior to ever closing with us . I have copies of that pictures of the lockbox and a video of them taking someone on a tour. They were trying to receive a 20000 profit off our house for reselling it and they aren't licensed. The totality of all the deceptive things and after speaking with a Va attorney we sent notice we wouldn't close with him for all the reasons . It seemed way too underhanded. We received NO earnest money and now that we have a reputable buyer with a deposit and proof of funds these gentlemen have put a cloud our title and claim interest in the property. How do I get that off and move on. Had these gentlemen not been deceptive and dishonest and broken the law we would have closed but I am not comfortable and don't trust them besides they broke the law and I have read if one party in an agreement breaks the law or misrepresents themselves that agreement is unenforceable. Is that true? What do I do to get the cloud off? Also when he put the cloud on he used his name and an LLC that was dissolved in 2016. Is that even legal?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Tennessee

Lawyer's Assistant: Has any paperwork been filed?

Did you read the questions I typed?

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 12 minutes by:
12/14/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 2 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 121,862
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Based on everything you did, your attorney was right to advise you to terminate the contract for their fraud and unfair and deceptive practices. However, now they filed this lien, you will need an attorney in TN to sue his LLC and him both (even if it was dissolved in 2016) to remove the illegal lien. Upon proving the lien is improper, you can also seek attorney's fees and costs from the court for them placing the lien improperly in addition to any of the damages you suffered as a result of their improper conduct.

You will need to sue them in TN for breach of contract and also to vacate the improper lien and seek damages from them as well as a clearing of the lien from the title.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

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