View Single Post
  #4   Report Post  
Posted to misc.consumers.house
Todd H.
 
Posts: n/a
Default Stop Payment on Good Earnest Deposit

writes:
The only problem is that I think my realtor screwed me and removed the
general inspection contingency without my knowledge so he claims that
since the seller wanted the "as-is" contingency, I can not back out of
the contract. I noticed a copy of the contract I got, the part where
general inspection contingency is stated with my initals is crossed
out. There is no indication of me signing off on the change. I think
any changes to the contract requires some sort of initials.


Hell yeah it does.


My realtor will not come clean and tell me the truth. I think he
scrwed up and now he is pushing me to buy the property. I am
willing to give a little of the deposit if needed. Do I have any
options? I am stuck.


Tell him that you have discussed the issue with your real estate
attorney (and make good on that), and that you under no circumstances
intend to close on this property without a general inspection clause,
and that his ass is going to be top on the ****list when you go file
your ethics complaints to the board of realtors in your state.

You're the buyer. You have all the marbles. As Dimitri stated, and
has been told to me by my own attorney in Illinois when I was
concerned about a buyer flaking on me, it's typically extremely
difficult for a seller to get their hands on that earnest money, and
to do so the seller has to prove actual damages, and by the time these
cases get to a judge, the judge asks "did the house sell?" "Yes."
And the case gets tossed with the air of "quit wasting my time with
your small change ****."

I mean, as you describe it, you don't even have a properly executed
contract to purchase.

If you know that someone doctored that contract and change the terms
on you, if it were me, I wouldn't hesitate to stop payment on that
check, and underscore that the contract is not valid as it's written.

And I'd report that goddamn realtor to the board in a heartbeat.

Best Regards,
--
Todd H.
http://www.toddh.net/