The moment your buyer's earnest deposit check bounced should have told you something right there.
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Sandra J Steele
We, thankfully, said not until the home is sold etc. The realtor was helpful but a dual agent. The atty's office dismissed her very soon after check bounced. Realtor told buyer she would no longer represent the buyer & would assist us as sellers. We were all seeing that this was a charade. The realtor continued checking & found this person has convictions for obtaining property by worthless check & 16 or so convictions on NSF checks. She is currently on probation for those offenses. I am hoping this helps somebody else. We have talked with probationo officer & have little recourse without a conviction on the current NSF issue. But the buyer pulled out of the sale as noted once she realized she was not going to move in. She was very savvy in some ways & knew how to keep things off balance enough. We thought about selling the house on our own, but now feel that the money that we will spend on realtor will be worth it...note that buyer was pushing for a close in about a week. Because of the market downturn we were anxious but we should have known "too good to be true is too good to be true..." She did not want inspection done, she was paying cash, she wanted to close in a week and nobody at all had looked at the house due to back to back snows in the home's area. Never be so anxious that you don't stop to think & invest some trust in an experienced realtors instincts. Our realtors initial gut reaction turned out to be dead on. Sorry for longwinded explanation but use this as a reference to others...fortunately we only lost a few hundred dollars and can recover and we don't have to evict someone from our house. Our realtor was a big help and we all learned from this. Take care
Writing a check that you know is going to bounce is a federal offense. Talk to an attorney and see what your rights are. In Massachusetts, a real estate contract gone bad is limited to the escrow monies collected for damages. You wouldnt have much recourse here in Massachusetts, but all states are different
And yes, based on what you have said, she appears to have bargained in bad faith. But the legal cost of collecting damages would far outstrip anything (if at all) you could collect from her.
In the future, cash offers NEED to have a proof of funds from day one. Otherwise, throw them in the trash.