Home Buying in 77029>Question Details

Nettie, Home Buyer in 77029

what if the seller of a home that I paid cash for did not disclose a sale price and he is going after more?

Asked by Nettie, 77029 Sun Apr 27, 2008

money and I already have a clear deed and he has filed suit for 10,000. more

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It doesn't appear that this went through a title company or went through a regular sales contract, because no price was listed and this was done via cash. Why this was done like this is beyond me, but this is TRULY a LEGAL issue, one where you had better talk to a REALLY good real estate attorney.
1 vote Thank Flag Link Sun Apr 27, 2008
Nettie....(posted 4/27/8 2:48PM CST SUN)
It definitely sounds like you have a 'situation' on your hands now, doesn't it? Nettie, I answered an earlier question you had posted about getting in contact with a real estate attorney (see other post). I can't give you legal advice, seek legal counsel, but I will say this...the Texas Real Estate Commission (in Austin, Texas), which regulates real estate agents, requires agents to disclose 'agency relationship' upfront before working with sellers & buyers. This case that you describe above is EXACTLY WHY you should use a real estate professional in a home sale. It sounds like you bought a home thru a FSBO (for-sale-by-owner) with no legal representation. The terms of your sale should have been in writing (disclosed in a sales contract, including PRICE!), not merely verbal. Check with your attorney, but I believe Texas law requires all contracts to be in writing to be enforceable in a court of law. In your case - it sounds like you had no buyer's rep to represent you as a buyer. From what you describe, it sounds as if you made a verbal agreement and after closing the seller had a change of mind (after-the-fact) for more money. In my opinion...a seller who sells you their home (for cash), goes thru the sale (paperwork wise @ closing), delivers a deed (proof of ownership), and then wants to 'cancel' the sale (after-the-fact) when someone else comes along and wants to buy the house for more money ($10K)...is not only greedy, unethical, lacks common sense, but needs a good wake up call to reality. I'm not sure if I read your question right or I'm mistaken. A good attorney can straighten this mess out, but it will cost you. If the prevailing party (the seller) looses this court case (which I think he/she will), go after him/her for attorney fees and for emotional distress. Better yet, try a resolution company, such as: Dispute Resolution Center (Conroe, TX – Montgomery County, see link below). It's cheaper and a judge may order you to arbitration/mediation before an actual court trial. I wish you well and I am sorry you have to endure this 'legal' mess now, all because you didn't seek competent, professional help from the start. DIY/FSBOs can be dangerous--legal wise. Now, just who is saving money not paying a realtor's commission? Sounds like you are going to pay handsomely for trying to save a few bucks. (I personally know of a lady selling land and she encountered a similar legal battle...Did she save money not using an agent?, "No!"; matter of fact she called me back distraught/in tears saying she had learned her lesson. She just wanted 'out of the whole mess'. She thought it would be easy. She even asked the title company for advice and they told her they couldn't assist in her transaction for legal reasons). Lesson learned: for the most expensive purchase of your life, seek someone with experience. It's not like buying something and you can return it at the store later (the house). Real estate involves legal issues...it's worth the peace of mind to pay for professional advice, to get someone who knows what they are doing. Put it this way, I wouldn't dream of playing 'doctor' and performing open heart surgery on myself (DIY)...just to save a few bucks. Know your skill set/limits. Realtors keep you out of the courthouse -- that's preventive not reactive, worth every penny! :) I wish you the best. Karen Savage, REALTOR, Keller Williams Realty/North(west)--Hwy 290/FM1960 area near Willowbrook Mall; 8300 FM 1960 West, Suite 310, Houston, TX 77070, direct: 281-813-9769; office: 281-664-8300,x3004; http://www.KarenSavage-Realtor.com. (You got a friend in Texas! We aim to please! Your Greater Houston, Texas source for everything real estate.)
1 vote Thank Flag Link Sun Apr 27, 2008
how can a person file a law suit for money on a home after the property has closed? The title company would have too honor the sales contract between the seller and buyer all parties signed off on the executed contract the title been transferred to your name title can't be transferred unless the seller has agreed
Where is your real estate agent in this matter they should be assisting you ?
Web Reference: http://www.lynn911.com
1 vote Thank Flag Link Sun Apr 27, 2008
All sales contracts should have a sales price on it. If it does not, you need to hire an attorney.
1 vote Thank Flag Link Sun Apr 27, 2008
You say you have a deed- do you have title? If you do not know the answer consult a real estate attorney immediately.
Web Reference: http://www.ERAHouston.com
0 votes Thank Flag Link Fri May 9, 2008
Did you have a sales contract with ALL parties that have an interst in the property signatures? Did you close in a Title Company? If you didn't and nothing was agreed upon IN WRITING, you did NOT receive a Title Insurance Policy and have the deed transfer properly recorded in the county records, GET AN ATTORNEY....Real estate one at that. You may not have really bought a house.
0 votes Thank Flag Link Sun Apr 27, 2008
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