Anthony, Both Buyer and Seller in New Jersey

recently sold my home in new jersey...spent several weeks looking for a rental...finally found one when

Asked by Anthony, New Jersey Wed Jul 16, 2008

another rental presented itself....had a verbal agreement and was awaiting a written contract when homeowner received a better offer....we had agreed to the terms and shook hands.....now I have two weeks left in my home and no where to go.....can I sue?

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Victor Kaminski’s answer
Anthony, you can threaten to sue! ;-D

That can be a very powerful tactic as long as you plan on following through if need be.
We have done this several times with great success however this was done to collect commissions which people tried to avoid paying by going directly to the landlord and doing a side deal but those are other stories, got a ton of them!

--
Victor Kaminski
Broker of Record
Marivic GMAC Real Estate
2056A Lincoln Hwy. (Rt.27)
Edison, NJ 08817-3330
Office: 732-650-9911 Ext.302
Cellular: 908-884-5757
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0 votes Thank Flag Link Sat Aug 2, 2008
Dear Anothony, sueing is not going to get you a place to stay, you may be entitled to sueing but I think you need to find a place to stay and move on with your life, lets find you a rental and that is the best solution. Let me know if you need help and I'll be glad to assist. What areas are you looking for please feel free to call me or ask you real estae agent to find you a rental ASAP. There are plenty of homes on the market for rent and if you dont have a wrritten agreement and a cancelled check you have nothing. Dont look back look forward and find your self a place to move into before you close.
Web Reference: http://www.9realtor.com
0 votes Thank Flag Link Thu Jul 24, 2008
Hi from TX! By the time you would get this sorted out thru the courts, you would have been homeless for months! First suggestion, do NOT delay your closing. This just gives your deal more time to fall apart, which, I assume, you do not want it to do. Buyers lose jobs, mortgage companies have problems, buyers have 2 more weeks to find something they like better, etc... Additionally, typically buyers have rate locks that expire, or have already given notice or sold wherever they are living.
Instead, see if they will possibly offer a 2 week to one month leaseback. (Assuming they have the time to stay where they are at). If not a possible option, look fast, or look into a possible short term lease till you find what you really want.
0 votes Thank Flag Link Thu Jul 17, 2008
I am not an attorney, and you should confirm what I have been told and am telling you with an attorney.
Basically, handshakes and verbal agreements are not binding and will not hold up in a court of law. Take it as a lesson learned and get everything in writing in the future.
As far as your having no where to go, try delaying the closing on your home or ask about getting a lease back from the buyers until you are able to find something.
Web Reference: http://www.dianeglander.com
0 votes Thank Flag Link Wed Jul 16, 2008
As the others say, sure you can sue. (Not legal advice...not predicting the outcome, either.) But I suspect a lawyer might tell you what Deborah did--that you'd need a signed lease.

And suppose, just suppose, you sue and you win. You've now cost yourself and your landlord thousands of dollars in legal fees. You've probably prevented him from renting the property to someone else for the 3-6 months or more (maybe much more) that the legal process would take. And now the landlord has you--someone who's sued him--as a tenant. That would be an untenable situation.

As the others suggest, move on and quickly try to find another place to live.

Good luck.
0 votes Thank Flag Link Wed Jul 16, 2008
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
Contact
Dear Anthony,
It seems you will be better served spending your present time finding a rental to move to. You can always consult an attorney after you are settled in your new place and they can advise you of your options, but your priority should be to find a place to live.
Using a qualified Realtor that knows you have to find a place ASAP will be a big help to you. If you are looking in Bergen County, please contact me through my website and I would be happy to work with you.
Good Luck
Sharon Kozinn
Web Reference: http://www.sharonkozinn.com
0 votes Thank Flag Link Wed Jul 16, 2008
Hi Anthony,

Only an attorney can provide legal advice, and I am not an attorney. But, in my opinion, I would expect that absent a fully executed lease, your chances of prevailing in a lawsuit may be slim. If I were you, I would focus my energies on finding a replacement rental. Check w/ an attorney for legal advice before making your final decisions.

Deborah
0 votes Thank Flag Link Wed Jul 16, 2008
Deborah Madey, Real Estate Pro in Red Bank, NJ
MVP'08
Contact
Sure you can sue. Thats not legal advice-anyone can sue anyone for anything. You may not win and what is paramount is getting you into a place. I wouldnt spend much energy on suing, rather I would put my efforts into finding another rental and ask if there is any chance of delaying the closing a week or two.
Good luck, there are rentals about but their prices are climbing and availability for 2 weeks from now may push everyone but it can be done.
0 votes Thank Flag Link Wed Jul 16, 2008
Hi Anthony, Laura's right - realtors cannot provide legal advice.

To solve your housing dilemna, get yourself a good agent that understands the urgency of your needs.

Good luck,
Jeannie Feenick
Weichert Realtors
Search and connect at http://www.feenick.com
Web Reference: http://www.feenick.com
0 votes Thank Flag Link Wed Jul 16, 2008
That's a legal question and needs to be answered by an attorney. As a Realtor, state law prohibits me from giving legal advice.
0 votes Thank Flag Link Wed Jul 16, 2008
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