Realtor problems
I just bought a house.. Problem’s ever since….please help?
Buying a home is a very complicated business. It sounds like there is more to the situation than you have shared, but I will try to make sense of it for you. First, there is a contract between you (the buyer) and the seller, called a “Purchase and Sale Agreement” or something like it, each state is a bit different in the forms they use. This contract should have all the details concerning the entire transaction between you and the seller. On it, there should be dates that have to be considered. Those dates are very important because both parties to a contract have legal obligations based on those dates. It sounds like there was a problem on the sellers end with closing, or recording the transaction with the county or state that delayed the date you could move in, according to the contract. Your agent realized this problem and did a good deed by paying for your early move in. I assume you moved in earlier than the date on the contract, otherwise why would you need to pay rent? Check the date of Occupency on the contract. If you moved in before this date, you owe the seller money. Who pays that money, you or your agent, is between you two. If you moved in after that date, the seller might owe you money, unless the transaction couldn’t be processed by that date and there is a stipulation for delay in the contract. This is a very difficult process to understand, however if you feel there is a big problem and you have been damaged somehow, i.e. lost wages, lost money or time, then I might take the contract to an attorney and have him or her review it and explain the circumstances.
And you can’t deem a contract void. Only the law can. You can, however, seek damages for non-performance. I suggest seeking legal advice if you feel something is wrong. Most lawyers will give a new client a free consultation and even if it costs you $100 or more, its good to have an idea as to what is really going on. And I guarantee if a lawyer makes inquiries on your behalf, he or she will get answers.
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- Published:
- December 1, 2006 / 5:27 pm
- Category:
- Home Buying and Selling
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