Secondly, I don't think there is anything you can do immediately. Wait out the 10 days (you have no choice unfortunately) then sue the heck out of all parties involved, especially the forger, that is a very serious accusation.
Keep diligent records and copies of everything. Hire an attorney to memorialize everything (send letters to all parties). You may be able to sue for actual damages and punitive, plus the mental anguish (apparently I watch too much TV..LOL!!).
Too bad you did not have an attorney at closing, this may have been avoided, but hind sight is 20/20....
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We've filed a complaint with the Florida Real Estate Commission. Maybe that'll do something.
Things got even weirder. After consulting with more than one attorney it looked like, unfortunately, the fastest way into the house was to wait and hope that the seller would move out on his own. The fact that the "agreement" was forged does us no good unless we take it to court and that would take too long.
Last Thursday we called the broker's office and was told that the seller was out of the house, the realtor was getting the keys and that the realtor was doing a walkthrough on Friday and would "release" the house to use maybe Monday.
This was the last straw. "Release" our house to us? We checked with our attorney and he said if the buyer was out of the house (no bed, no clothes, etc) then the buyer had vacated. Our attorney couldn't figure out why the Realtor was holding the keys until Monday.
So, around midnight we snuck onto our own property. We found the house UNLOCKED(!) and everything had been removed from the house. We called a 24 hour locksmith and changed the locks.
The seller's realtor called the next day demanding to know why we'd changed the locks when the house wasn't "released" yet. The seller had tried to get in and couldn't. Told her it was our house (duh!), there was nothing in the house for the seller to retrieve (why was the seller trying to get in, anyway?) and we were moving in.
So, we're finally in. All told we were homeless for a week and ran up $1500 in expenses for truck rentals and hotels. This is the most screwed up thing I've ever been involved in and I have the suspicion that I got off easy--this could have been much worse.
I am sorry you find yourself in this unfortunate situation.
In this case you need a good real estate lawyer, and if you find one with a criminal background, or with a firm that has a good criminal lawyer. The forgery of your name is a crime in every state in the nation. The fact that the sellers refuse to move out may entitle you to compensation. I am not a lawyer so I will not attempt any legal advice in the matter. I can only suggest that you follow thru with a good lawyer.
Good luck to you.
Selling and purchasing real estate are serious transactions involving legal contracts and addendums. There are far too many folks who take matters in to their own hands and/or avoid the warnings of contractual law. Over the years I've seen many posts on Trulia where the majority of these type situations could have been easily avoided.
As a suggestion to agents, sellers and buyers, never ever close a deal unless you have all your fully executed contracts together and in a folder. Any added information or written information to any single document has got to be initialed and dated by all parties to the deal...agents, sellers and buyers. I've worked with real estate and legal documents my entire working career and doing this has never changed. Thanks and I wish you all the best.
The agent by the way will have problems with his Managing Broker, with the local Board in so many
For you you have learned to insist that all papers are delivered ASAP, and you do hire an attorney as
soon as you have a signed contract with another party whether you are the buyer or the seller. The
attorney can make changes, to the contract, and should carefully review it on your behalf, the only
item the attorney will not be able to change if necessary will the negotiated sale price....
In general there are those arrangements IN WRITING AGREED BY BOTH PARTIES AND SIGNED BY BOTH PARTIES where basically the Seller rents back from the Buyer after the closing the property
for a short period of time for ease of move in and move out, but there are regulations and terms for those as in that case the Seller who has sold the property, during that period of time he is still at
the property he now does not own anymore is responsible for any potential damages ocurring
during his move out and time at the property, so there needs to be another walk thru, to make sure
all is ok, or damages need to be fixed or paid for, and the seller would have to pay a daily rental fee
to the Buyer/now owner for that courtesy time..... and there should always be a clause, with a penalty amount if the Seller is not out on the date and time agreed upon.
When I arrange a situation like that that of course both sides agree in writing for various good reasons
The attorney of the Buyer will hold a security deposit from the Sellers at the closing to make sure
that the daily rent and any damages will definitely be paid and only if there is no damage some of that
money less the rent will then be returned to the Sellers after move out.
Next deal make sure you do have an attorney.
Not sure how you want to or can in Florida proceed for damages..... There are many different steps from hiring a real estate attorney, to contacting the local board of Realtors with your complaint,
contacting your Realtor's Office Managing Broker......
Sorry it happened, it definitely should have never happened and forged signatures, and not presenting both parties ASAP, it means the very same day they are signed by both parties, with the
fully executed contract is all against the law....
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Working always in the very BEST interest of her clients, Buyers, Sellers and Investors alike....
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This was a failure on so many parties part.
Firstly, your real estate attorney should have had all those documents prior to closing and should have reviewed each and every one of them with you.
As Evelyn said, unfortunately , in the immediate you have no recourse as the previous owners still maintain possession even if though they are no longer the owners. Since you current attorney in my opinion dropped the ball, hire someone else. But before you do talk to at least two attorneys and explain your situation and go with the attorney you feel most comfortable with.
You should file a complaint with the IDFPR against the Broker that forged your signatures. This is a serious breech of ethics as well as it is against the law. Financial transactions are highly regulated and licensed professionals are held to a higher standard.
I am very sorry this happened to you.
No attorney at the closing. We were stupid and trusted our agent. We never even imagined that she would do this but the proof is right there in the sales contract and the addendums.
Agreement to terms without client permission and certaining forging documents are a huge concern, not of least to say is fraudulent. Get to an attorney right now and start this. Time before acting can sometimes work against you.
For now, get a weekly rental if you haven't already. This will not likely be fixed in 10 days.
We need to get licensees like this one OUT of the business.
By the time the seller accepted our offer (with additional stipulations we were not informed of) our old house was under contract and time was running out. When our agent called and said the seller accepted the offer and we were under contract I asked for the contract. Got responses of, "Don't worry, it's all fine." Kept pressing right up until closing and got things like, "I emailed it last week, didn't you get it?"
This is all while sorting out VA inspection and things with the old house and a thousand other things to do. It didn't sound right but we trusted our agent as we were already overwhelmed.
Trying to contact an attorney now but it's Columbus Day.
http://www.idfpr.com/Admin/Complaints.asp your agent will lose their license after you sue them providing you can prove the allegations. Contact the managing broker as well and have your attorney do so immediately. Tell them the situation NOW.
The seller has nothing to do with it.
This is a very serious and if you honestly believe that forgery was committed then you should pursue the matter vigorously. You do need to understand that the Seller doesn't seem to be responsible and you're not going to likely get them out of the house in the next day or two so you're going to have to make plans to rents somewhere. Keep track of all your expenses hotel, storage fees, eating out, etc You're going to want to get reimbursed by the agent and their company when you sue them.
Really sorry to hear about this experience, trust me it's not the norm.