Home Buying in SoMa>Question Details

Teresa Peter…, Home Buyer in Tulsa, OK

we signed a contract and gave $5k escrow back in MAY 2010, THEN we were told the house is in probate, we are out $2 k in storage so far, help

Asked by Teresa Petersen, Tulsa, OK Sat Aug 21, 2010

we sold our home in May 2010, a realtor asked usLOOK at house he reps, he would NOT let our realtor come with, saying it was a closed sale. we signed a contract and paid $5 in escrow. that was back at the end of May 2010, we were told 20 days into the sale that the home was OOPS in PROBATE, the owners had died, unmarried, and picked to Heirs. One Heir had her ducks in a row, filed the paperwork and owned her 1/2 of the house. THAT relative was the one that put the house on the market. the OTHER Heir did NOT file his docs. correctly, so 1/2 the house is not free to be sold. we have LOST a mortgage that was approved, but they canceled it because of the probate, losing us $400, we've also spent over $2k on Two storage units and one POD. we have lived at a relatives home since May 10th 2010. we are nearly ready to lose another mortgage, that expires. do we have a legal claim to get our $5k and storage fee losses. the other Heir has never signed ONE doc. did we ever have a contract?

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Don't ever trust a realtor that tells you that you can not use own realtor and must only use them. They are already dishonest and only out for their own gain. Any realtor that blocks other buyer agents to bring in potential buyers to sell a property is doing a disservice to their sellers. Any realtor that talks their sellers into selling their house like this is a liar and a cheat. Why would any seller not let 10 or 20 buyers into their home wanting to make offers? That's the only way to get the strongest offer available. Buyer and Sellers need to stay away for people like this!
0 votes Thank Flag Link Thu Feb 25, 2016
OK Teresa, let me get the disclainer out of the way and say I cannot give you legal advise, you should talk with a real estate attorney.

With that said, prior to spending the money on an attorney, I would get a hold of the agents broker and explain your situation. Tell them that if you do not get your money back, you will file a claim with the Dept of Real Estate.

Also tell them you will go to the local TV station, we have a channel 7 on your side here in S. F. that will help consumers. I don't think they need this kind of advertisement.

Without seeing your contract, it doesn't sound like you had a legal binding contract and if you did, you probably had a loan contingency or inspection contingency to allow you to do your due diligence.

Let us know how it goes. Good luck,


Tap
0 votes Thank Flag Link Sat Aug 21, 2010
Dear Theresa,

We cannot give you legal advice. You should seek counsel from an attorney in Tulsa. Everything depends on the contract. Shame on the other realtor for keeping yours out. I hope you have success.

Good luck,
Sally
0 votes Thank Flag Link Sat Aug 21, 2010
As Real Estate Broker I am precluded from giving you legal advice - you need to talk to an attorney about this, which is unfortunate because it could cost you a good portion of the money you're talking about to try and get it back. It also sounds like you never had a contract to begin with. I don't know Oklahoma law or how transactions are handled there (for some reason this showed up in San Francisco Q & A), so any attorney fee provision may be negated. Sounds like you may have a claim against the agent. TALK WITH AN ATTORNEY.

This is also an excellent example of why using the listing agent to represent you as a buyer is generally not a good idea, especially when it's a "closed sale." These kinds of stories are very disappointing to hear. I hope you get your money back.
0 votes Thank Flag Link Sat Aug 21, 2010
if both owners have not signed the purchase agreement, you do not even have a valid contract to buy. At this point at least use yoru first free meeting with an attiorney to get some guidance and advice how to proceed.
0 votes Thank Flag Link Sat Aug 21, 2010
the home is located in an area close to Tulsa OK.
0 votes Thank Flag Link Sat Aug 21, 2010
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