Home Buying in 97035>Question Details

Veronica Han…, Home Buyer in Lake Oswego, OR

What legal recourse could we have against a seller or seller's agent in sabotaging the purchase of a short sale?

Asked by Veronica Hanson, Lake Oswego, OR Fri Jul 12, 2013

Listing agent represented the home to be 1,915 sq ft with his source being county records. Come to find out during our inspection period that the home is in fact only 1,416 sq ft & the garage conversion is un-permitted. The in ground swimming pool is also un-permitted. The owners were aware of this discrepancy since they pay taxes on a home of 1,416 sq ft.

Because of this large change in material fact our financing has taken a bit longer than usual. A second opinion appraiser has to go out. The sellers refuse to allow access to the property for the 2nd appraiser (the property has been vacant for 16 months & our offer has been accepted for 9 months). They also refuse to allow instillation of a CO2 detector which is required for all sales in the state of Oregon that are getting financed.

We are supposed to close on Monday, but they refuse to allow the last 2 conditions of closing to happen.

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Answers

3
Legal recourse is definitely a question for a licensed attorney. Best of luck to you.
0 votes Thank Flag Link Fri Jul 12, 2013
This may not be the home. With everything that is going on, keep in mind of what may be found after the purchase. One option is to go find a home that is a more happy transaction.
0 votes Thank Flag Link Fri Jul 12, 2013
Do you have a lawyer involved in this transaction? I would suggest contacting one. I don't know as recourse against the seller is practical since they obviously have little or no money. As to the agent, if she did reasonable due diligence that may also be a problem, but to refuse access at this stage of the game seems beyond the pale. There should be a lock box on the property so I can't quite understand why this is an issue. I would talk to a lawyer.
0 votes Thank Flag Link Fri Jul 12, 2013
The lock box was removed because the seller believes we damaged their property. Basically they are mad we took a door off the hinge so the inspector could have access to the un permitted area of the home. Which we were denied access to even during our inspection period. They are also stating we were not within our rights to turn the gas on for inspection either.
Flag Fri Jul 12, 2013
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